The BPTO will include, as of September, two new modalities for priority patent application procedures, in addition to the 17 modalities for speeding up this type of examination. The list includes processes with “technology made available on the market” and those with “technology resulting from public funding”. The BPTO’s Ordinance No. 294/2020, which regulates the new services, as a pilot project, was published in the Industrial Property Magazine (RPI) No. 2588.
The “Technology Available on the Market” refers to a patent process where all or part of the claimed object has been licensed, offered for sale, imported, or exported, considering the Brazilian market as its reference. The “Technology Resulting from Public Funding” refers to patent processes resulting from direct financial support obtained from public revenues.
Cases of individuals aged 60 and over, with physical or mental disabilities, carriers of serious illnesses, microenterprises, startups, and green technologies, among others, are amid the priority examinations handled more quickly. Recently, due to the coronavirus pandemic, the BPTO included patent applications concerning “pharmaceutical products and processes and equipment and/or materials for use in health, for the diagnosis, prophylaxis, and treatment of Covid-19” in this list.
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