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Tuesday 8 September 2020

Patricia Covarrubia

Brazil: new patent priority examination

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Starting this September 2020, the Instituto Nacional da Propriedad Industrial (INPI) adds to its lists of patent priority examination, TWO more. They are technology applications resulting from public funding and technology applications already available on the market. 

INPI already has available 14 types of priority applications, that is, procedures in place. With the two new additions, INPI has ‘16 types of priority procedure available, 14 for the general public and two for public entities’. INPI notes that the period for decisions of priority examination, counted from the application date, was done in 13.1 months (July 2020). 

The move to prioritize these two was based on the following: 

  1. Application with technology resulting from public funding: to ‘speed up the development of new technologies, given that investments in innovation impose high risks and uncertainties for the viability of new projects.’ INPI notes that ‘public funding agencies have been important drivers of innovation.’ 
  2. Applications with technology already available on the market: to ‘promote an increase in legal certainty, with a consequent improvement in the business environment in Brazil.’ INPI notes that it is ‘possible to request the prioritization of the exam by third parties interested in the technology, also stimulating the innovative process.’
Source INPI.

Patricia Covarrubia

Patricia Covarrubia