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BPTO launches two new modalities of fast-track examination for patent applications.

As from September 1st, 2020, two more modalities of priority procedure will enter into force as a pilot project, through the BPTO’s Ordinance No. 294/2020: a) patent applications which all or part of the subject matter has been licensed, offered for sale, imported or exported, taking as reference the Brazilian market; and b) patent applications which subject matter was the result of direct financial support resulting from public revenues with the express purpose of its development.

Both pilot projects will have the following limitations:

I - a priority request may be made for patent applications from the same applicant or holder within the weekly cycle;
II - up to 100 (one hundred) applications for participation in pilot projects may be made for patent applications classified in the same International Patent Classification (IPC), per annual cycle;
III - up to 400 (four hundred) participation requests per annual cycle may be received; and
IV - the pilot projects will extend until the end of the administrative instance at the BPTO of all patent applications with admitted priority.

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