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Client Alert – BPTO expands the fast-tracked examination program of patent applications related to pharmaceutical products and processes, as well as materials and devices related to public health

On May 8, 2018, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 217/2018, which implements the fast-tracked examination of patents and patent applications for pharmaceutical products and processes, materials and devices related to neglected diseases Zika and Chikungunya, as well as rare diseases.

According to World Health Organization (WHO), rare diseases are those affecting until 65 out of every 100,000 individuals.

The new resolution extends the list of fast-tracked examination of patent applications (previously defined by Resolution No. 80/2013) due to the public interest defined by Brazilian Ministry of Health. Such list already included patent applications related to prophylaxis, diagnosis and treatment of AIDS, Cancer and some neglected diseases (such as Dengue, Chagas disease, Tuberculosis, Malaria, Rabies, among other).

The fast-track examination foreseen in Resolution No. 217/2018 may be requested either by the applicant or any interested third party, and applies not only to patent applications awaiting first examination, but also to those awaiting examination in the appellate level and patents facing administrative nullity proceedings.

In order to be eligible for the program, the patent application must have already been published (or been accepted to national phase, if filed via PCT), with examination requested.

The BPTO’s current backlog varies between 8 and 10 years, whereas decisions in other fast-tracked examinations takes only 2 years.

If you are interested in requesting the prioritization of your patent application or need further information, please do not hesitate to contact us.