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Tuesday, 21 June 2022

Ready, Steady…GO – the invention competition is on

Patricia Covarrubia June 21, 2022 No comments:

The Peruvian IPO (Indecopi) launched this week the XXI National Invention Competition 2022 . The call is for all inventors and innovators who have until September 27, 2022 to submit their application. This initiative, which is in its 22nd edition, aims to encourage and recognize the inventiveness and ‘creative spirit of Peruvian inventors, researchers and entrepreneurs’. The contest offers three categories and offers a cash prize to the winners for a total of USD 5,000.

The categories:

First Place Award, distinguishing the national ‘invention that is considered the most outstanding’, assessed as exceptionally due to the ‘potential economic, social and commercial/productive impact that it can generate’.
Green Patent Award, recognizing the invention with a great applicability in the area of environment and or climate change.
Peruvian Inventor Award which recognizes women in the field – this could be an individual or a group of only women, which invention is ‘considered the most inventive and with the greatest potential impact for the country’.

To participate in this exciting event, you shall have a patent application pending at Indecopi - between January 1, 2021 and September 27, 2022, and not have participated in previous editions of this competition.

Good luck my Peruvian friends! May the odds be in your favour.

More information here

The Pendency of Brazilian Patent Application and What You Can Do About It

Patricia Covarrubia July 03, 2017 No comments:

Brazil is notorious for the long pendency of patent application. Currently, the average amount of time for a typical Brazilian patent to be issued with two office actions is more than 12 to 14 years. Therefore, the majority of Letters Patent are automatically issued with the minimum 10-year term of protection counted from grant as provided for in Section 40. As Brazil takes long-term steps to reduce the pendency of its patent applications in the short-term applicants can, in some cases, seek expedited grant.

The primary reason for the long pendency is a sustained increase in patent filings in Brazil over the years, which the federal government did not follow with investments in human resources.

Aiming at a reduction of said pendency to levels similar to other large economies, the National Institute of Industrial Property has reacted with rapid-results initiatives like:

a streamlined review of formal aspects during the admissibility examination of BR Phase Entries and not PCT applications within the period January 1, 2013 - December 31, 2016, as provided for in Normative Instruction #02/2017 of June 6, 2017;
the e-filing system already in use for some years, which has extended to all services with the Brazilian PTO;
the shelving of applications with unpaid maintenance fees before the examiner takes the file for examination; and
more examiners working in a home office and new examiners trained “on-the-job."

This author does not expect the new processes to have an immediate impact on pendency. While the new rules take effect, certain applications can jump to the front of the line and begin examination in the short run instead of languishing for what can be 8 -10 years to start the examination process in the ordinary course. Applicants are eligible for an expedited examination for any of the conditions set henceforth and provided that examination has not begun.

1. Expedited Examination for Infringed Claims
In cases where claims are being infringed, the applicant can file a petition for expedited examination. The petition must include evidence of infringement that takes place in Brazil, and a notarized copy of the cease-and-desist letter served to the infringer. The results of the Board of Examiner’s review of the evidence and allegations by the applicant are published in the IP Electronic Bulletin.
2. Expedited Examination for Patents Needed for Financing
Expedited treatment can be obtained in cases where obtaining a patent is a condition to receiving financial resources from an official credit institution;
3. Senior Status or Illness
Expedited status can be obtained if the Applicant is a natural person over 60 years of age or if the applicant suffers from certain diseases or has certain mental illnesses.
4. Green Technology

Initially a Pilot Program in 2012 and granting patents with substantive examination within 2,5 years in average, the program became permanent on November 5, 2016 (see early post here) . Patent applications directed to environmentally beneficial technologies are afforded expedited examination. The definition of Green Technology is relatively broad and includes technologies related to Energy Generation; Energy Storage; Energy Efficiency; Energy Infrastructure; Transportation; Water & Wastewater; Air & Environment; Materials; Manufacturing/Industrial Agriculture; and Recycling & Waste Management, Transportation, Alternative Energy, and Agriculture. Rules have been promulgated defining "Green Technology" in more detail.
5. Oil and Gas - PPH-BrPTO-USPTO pilot program
Oil and Gas related inventions claiming the US or BR priority qualify for expedited examination under a pilot program when the applications relate to oil prospecting, refining, transportation and other related oil and gas techniques. (IPC B01, B63, C09K8, C10, E02, E21, F15, F16, F17, G01). This pilot program is valid until January 11, 2018, and is limited to the first 150 patent applications.
6. IT and Telecommunications and other akin technologies - PPH BrPTO-JPO pilot program.
Inventions relating to IT, telecommunications, semiconductors, computer and audiovisual technologies, certain electric machines, and other akin technologies claiming the earliest priority to JP or BR may qualify for expedited examination. The pilot program is limited to 200 patent applications and valid till April 1, 2019.

Except for pharmaceutical products and processes - which seemingly have been left out for raising too much controversy between the BrPTO and ANVISA (Brazil National Health Surveillance Agency) - the aforesaid initiatives are cutting down the patent pendency. For applicants in certain fields of technology defined by the claims, there is now a window of opportunity to expedite applications.

Post written by
Claudio Szabas, Director
Dennemeyer & Associates Propriedade Intelectual Ltda.
Av. Nilo Peçanha 50/1516, 20020-906 Rio de Janeiro RJ Brazil
Mobile: +55 21 98171 7076
Phone: +55 21 2215 9550
Fax: +55 21 2210 1042
E-mail: cszabas@dennemeyer-law.com
Website: www.dennemeyer-law.com

Brazil: 'Green Patents' are here to stay

Patricia Covarrubia January 09, 2017 No comments:

Google search first result - A Green Patent -
are they environmentally friendly?.

Back in 2011 we reported that the Brazilian Institute da Propiedade Industrial (INPI) was launching a pilot program called the "Green Patents" - which was meant to last a year but at the end was extended to 4 years. This program gave priority to patent examinations and accelerated the process to those inventions that contribute to global climate change and are related to environmentally friendly technologies. Nowadays, the ‘Green Patents’ project has become a permanent service at the INPI (Resolution No. 175/2016).

This move was taken after “the good results achieved”. During the pilot 480 applications were received; from these, 325 were considered eligible. The average time for the patent process was two years.

A list of these technologies can be seen here in the Magazine of Industrial Property (RPI) nº 2396, dated 06 December 2016, from page 3 onward.

Source INPI.

Recent News from the Brazilian Institute of Intellectual Property (INPI)

Patricia Covarrubia March 25, 2015 No comments:

In the past two weeks the Brazilian Institute of Intellectual Property (INPI) has been very active with updates relevant to patent examination, as follows:

Invitation for Public Comments on the General guidelines:
On March 16, 2015, INPI published an invitation for public comments on the draft of Part II (“Bloco II”) of general Examination Guidelines. Part II deals with Patentability requirements, covering subject matters not considered to be inventions, non-patentable inventions, industrial applicability, state of art, novelty, inventive step as well as Markush-type claims and composition claims.

Anyone interested in submitting public comments has 60 days to present an opinion by using the appropriate formulary. Therefore, the deadline for comments is May 14, 2015. The Portuguese version of Part II is available for download here.

Part I (“Bloco I”) of the Examination Guidelines covering the specifications regarding title, specifications, claims, drawings and abstract was published in July 2012 for public comments. Part I was later put into force by Resolution 124/2013, from April 12, 2013. The Portuguese version of Part I is available for download here.

Guidelines on Biotechnology:
In November 2012 the INPI has published a draft of the Examination Guidelines of Patent Applications in the Biotechnology Arts for public comments. On March 17, 2015, the BRPTO published the final version of the Examination Guidelines.

The guidelines provides for the patentability requirements for biotech patents, including reach-through claims, non-patentable subject matter, the patentability of micro-organisms and others. Also, it has definitions about biologic sequences, oligonucleotides, promoters, vectors, cDNAs, RNAs, ESTs, ORFs, proteins, protein fragments, fusion proteins and antibodies, among others.
It provides further for issues regarding stem cells and patent applications claiming material of the Brazilian genetic heritage.

The new guidelines are valid as of March 17, 2015. Its Portuguese version is available for download here.

Extension of the deadline for Green Patent Requirements:
By the Resolution No. 145/2015 the (Resolução nº 145/2015), that was published on March 24th, INPI has decided to extend the term of Phase 3 of its Green Patent Program. Phase 3, originally intended to end on April 16, 2015 was extended for one additional year and shall be in force until April 16, 2016.

The requirements to be accepted in the program are:
• the patent or utility model application must have up to 15 claims of which (for patent applications) up to three may be independent claims;
• there must be a Brazilian application, a PCT application in the Brazilian national phase or a Brazilian application filed under the Paris Convention;
• the application’s subject matter has to be one of the technologies listed in Resolution No. 131/2014, (here);
• the application must not have been subject to any other preferential examination tracks.

Phase 3 is limited to the first 500 cases received by INPI and as per data updated until March 24, 2015, only 110 have been received so far. 26 applications have been already granted during Phase 3 (before Phase 3, 19 patents have been granted under the program).

Post written by Roberto Carapeto.

Brazil launches Phase 3 of its Green Patent Programme

Jeremy May 19, 2014 No comments:

Last month, on 29 April, just 14 months after Patricia Covarrubia posted this piece on the grant of Brazil's first green patent, the Instituto Nacional da Propriedade Industrial (INPI) published Resolution 131. This expands the priority examination of green patent applications to its third phase. In this new phase of the programme -- which expires on 16 April 2015 or when the figure of 500 new requests has been reacehd -- patent applications filed under the Patent Cooperation Treaty (PCT) are also being taken into account.

Patent applications that qualify for this programme will be checked by an INPI technical board. Only applications relating to certain types of technology will be considered, eg alternative energy, transport, energy conservation, waste management and agriculture (a full list of qualifying technologies can be read here).

There's more to it than merely falling within a category of technology that qualifies for fast-tracking, of course. Thus (i) the patent or utility model application must have up to 15 claims of which (for patent applications) up to three may be independent claims and (ii) there must be a Brazilian application, a PCT application in the Brazilian national phase or a Brazilian application filed under the Paris Convention [is there any other route to patent protection in Brazil apart from these?].

The Green Patent Programme, in force since 2012, has now attracted 523 requests, of which only 11 have been rejected.So far, 19 patents have been granted under the programme, each taking an average examination time of 385 days.

Source: Di Blasi Parente & Associados email circular here (in English and Portuguese)

Brazil: Green Patents pilot program to be extended

Patricia Covarrubia April 24, 2013 No comments:

INPI’s report that “Aiming to stimulate scientific research and development of sustainable technologies in Brazil, the pilot program Patent Greens will be extended by one year.”

I love this green patents...

This new stage started on last week -April 18 and will end on April 17, 2014. It is announced that the program “will have broader criteria”. For example, the earlier Green Patent pilot only considered the deposit and requests made from January 2011. This time, the deposit and requests to be considered may be from any year IF it has not already been technically examined.

In less than a year INPI granted three green patents, the first one reported here.

It is happening!! Brazil grants first green patent

Patricia Covarrubia March 20, 2013 1 comment:

Last week, the Instituto Nacional da Propriedade Industrial (INPI) granted the first Green Patent in the country.

The patent in question is for a process: the treatment of solid waste that claims to reduce environmental impact and does generate electricity. INPI informs that the “invention is based on the technology of pyrolysis, a kind of combustion carried out in the absence of oxygen that reduces the production of toxic gases such as nitrogen oxides and sulphur and carbon monoxide.” Moreover, this technology “produces other gases such as hydrogen and methane, which, due to its high calorific value, can be forwarded to a burner connected to a generator to produce electricity.”

Speedy Gonzalez....looking for a green bandana...

The patent was granted using the program ‘Patent Green’ and thus, it just took nine months after the request! Indeed, one of the purposes of this program was to accelerate the review of applications related to clean technologies – from 5 years to less than 2 years – so...9 month is really speedy!! This program was created by INPI to encourage sustainable development in areas such as: alternative energy, transportation, energy conservation, waste management and agriculture.

INPI informs that at this stage there are 67 patent applications in this new program, and 16 are already pending at the patent examination division.

Rio +20: Innovation for Sustainable Development

Patricia Covarrubia June 19, 2012 No comments:

Brazilian Institute Nacional da Propriedade Industrial (INPI) is playing its role in Rio+20 in the fight against global climate change. Its contribution this time is the project regarding green patents which consist on accelerating the review of applications related to clean technologies.

Two months on its way and the project regarding green patents and its implementation has received 30 applications. INPI reports that the majority of the applications were received from São Paulo (43%) and they are related to alternative energy production or waste management. The applicants were divided as follows: 53% by companies or public institutions and 47% by private investors. The aim of the project -- receiving applications until April 2013, consists on accelerating the examination of patent applications that contribute to combat climate change. These requests will be examined in less than two years.

The date also was an opportunity to hear from the Ministry of Development, Industry and Foreign Trade (MDIC) and other related entities, such as the Banco Nacional de Desenvolvimento Economico e Social (BNDES), the Brazilian Agency for Industrial Desennvolvimento (ABDI), the National Institute Metrology, Quality and Technology (Inmetro) and the Superintendency of the Manaus Free Zone (SUFRAMA).

Source INPI here and here.

Green is the word!

Patricia Covarrubia April 16, 2012 No comments:

On the 17th April the Brazilian National Institute of Industrial Property (INPI) will launch a pilot program for green patents (limited to 500 applications only). It is informed that the period of examination for this pilot project will be less than two year and will accomplish two objectives: on one hand to identify green technologies and on the other, to stimulate the licensing of these and so leading to innovation for those who need it.

The program considers green patents technologies those that contain the following category: alternative energy; transportation; energy conservation; waste management; and agriculture.

From April 17th the applicant must submit the specific form and ask the examination board for an examination and an advance publication.

According to INPI the requirements for the project are:

It shall be an Invention
Applicant must be a national (resident or non-resident)
Application has been deposited at the INPI from January 2, 2011
Application shall include a maximum of 15 claims in total -- of which arranged can be up to three independent claims.

I just remember John Travolta singing 'Grease Is the Word', and I feel that it suits very well todays idea: we could accommodate the lyrics [interchanging Grease for green as this]:

Green is the word
It's got groove it's got meaning
Green is the time, is the place is the motion
Green is the way we are feeling
Green is the word
Is the word
Is the word...

Skip the queue, be green!

Patricia Covarrubia November 11, 2011 No comments:

The Brazilian Institute of Industrial Property (INPI) is looking to reduce from eight to two years the approval period for green patents in the country – green patents relate to solar and wind power, ethanol and biodiesel and so on and so forth. The pilot program will last one year and will begin in June next year at the Rio+20 (United Nations Conference on Sustainable Development) meeting which will bring together nearly 200 countries. The aim is to address sustainable development and INPI informs that depending on the demand, the project may be extended for another year.

According to Patricia Carvalho dos Reis, manager of Green Design Patents and INPI examiner, countries like the United States, Britain, Korea and Japan give priority to sustainable inventions. These inventions help reduce environmental problems and therefore it is important to "put more of these technologies to market faster, making them available to society."

Inventors and companies lose by the delay because the intellectual property lasts 20 years from the filing of the patent. Thus, if the approval occurs in 8 years, it leaves only 12 years to commercially exploit the invention. According to advocate Marcello do Nascimento, "the delay affects profitability and in many cases, when the patent is approved, the technology has already been surpassed". He adds that one reason for the delay is the low number of examiners. The country has 273 people for the job: there are 154,000 applications awaiting examination in all areas and it looks as if each examiner had to account for 564 cases.

Eduardo Winter, coordinator of the graduate program at INPI, opines "we produce more than we protect”. Moreover, green patent applications made by foreign inventors in Brazil are falling.

Source: Nitpar (Núcleos de Inovação Tecnológica Paraná)