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Startups may request a fast-track examination os its patent applications.

From July 30, 2020, startups can request that their patent applications be examined with priority by the Brazilian Patent and Trademark Office (‘BPTO’). The initiative aims to aid technology-based companies to consolidate in the market, since the patent attests the originality of its inventions and facilitates its commercialization. At the end of the first half of 2020, the average decision time for the technical examination of priority requests was around 13 months.

The new modality was approved by Ordinance BPTO PR No. 247, of June 22, 2020, which also implemented other changes for this type of service, wherein, for example, patent applications in the name of Science and Technology Institutions (‘ICT’) , as well as technologies related to pharmaceutical products and processes, equipment and/or materials used in health for the diagnosis, prophylaxis and treatment of Covid-19, can be benefited by the program.

Requests must be filed before BPTO until June 30, 2021.

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