Newsletter ABPI - Edition 54 - January 2024

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New Industrial Policy aims to reduce patent registration time to two years

The new industrial policy, unveiled by the federal government on January 22, has among its objectives the reduction of the patent granting period in Brazil to two years by 2026. “We were taking more than seven years to register a patent at the BPTO. It involves a significant effort in digitization and hiring new human resources,” explained the Minister of Development, Industry, Commerce, and Services and Brazilian Vice President Geraldo Alckmin. He noted that, in 2023, this period dropped to 6.2 years, and by the end of this year, it is expected to reach an average of 5.7 years. In 2025, the Brazilian government’s commitment is to further reduce these decisions to three years.

In addition to Alckmin’s ministry, the process will be led by the Ministry of Health, the Ministry of Science, Technology, and Innovation – Federal Government, the National Council for Industrial Development (CNDI), the Brazilian Administrative Council for Economic Defense (CADE), and the BPTO.

As part of the measures to reduce the examination period for patent applications, the minister also announced the creation of the Brazilian National Quality Infrastructure Strategy (ENIQ), involving the ministries of Industry and Health, the National Health Surveillance Agency (Anvisa), the National Institute of Metrology, Quality, and Technology (Inmetro), and the Interministerial Group on Intellectual Property (GIPI), in which ABPI has a seat. “The announcement of the new Brazilian industrial policy has long been awaited, and we are pleased to note the significant emphasis on innovation and sustainability that characterize the neo-industrialization effort now beginning,” emphasized ABPI President Gabriel Leonardos. “A vast country like ours cannot do without a modern and competitive manufacturing industry, as only it can create the technology we need. After decades without an industrial policy, the government has finally recognized the indispensability of this sector in national development.”

The federal government intends to invest up to R$ 300 billion in financing for the industry sector by 2026 when Lula’s third term ends. According to the government, this substantial amount is part of the New Industry Brazil (NIB) program, which includes a series of measures with impacts until 2033.

In addition to the R$ 106 billion announced in the first meeting of the National Council for Industrial Development (CNDI) in July 2023, an additional R$ 194 billion from various funding sources has been incorporated. No information has been provided on how these measures will be adjusted to fiscal rules.

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