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BPTO establishes new modalities of fast-track procedure for patent applications.

It will come into force, as from July 30, 2020, the BPTO’s Ordinance No. 247, regulating the priority procedure for patent proceedings under the Brazilian Patent and Trademark Office (BPTO). In addition to the priority examination modalities already foreseen in Resolutions Nos. 238/19, 239/19 and Ordinance No. 149/2020 – which will be revoked – , the new ordinance extends the benefit to startups and previous users of technology.

In order to benefit from such mechanism, startups must submit a supporting certificate in the request for priority procedure.

Previous users of the technology will also be able to benefit, provided they demonstrate the use, production, sale and/or import of all or part of the object claimed in the patent application filed later.

The ordinance allows the request of priority examination for patent applications in the following modalities:

  • Elderly applicant;
  • Applicants with physical or mental disabilities;
  • Applicant with severe disease;
  • individual microentrepreneur, microentrepreneur or small-sized business as applicant;
  • Institute of Science and Technology as applicant;
  • Startup as applicant;
  • Green technologies;
  • Technologies for health treatment;
  • Technologies for treating COVID-19;
  • Technologies whose priority examination has been requested by Ministry of Health;
  • Technologies of public interest or national emergency;
  • Release of funds;
  • Applicant suffering counterfeiting;
  • Third party being charged of counterfeiting;
  • Previous user of technology; and
  • Patent family initiated in Brazil.

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