Backlog combat programme: Brazilian PTO reaches its highest patent decision indicators

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Backlog combat programme: Brazilian PTO reaches its highest patent decision indicators

Sponsored by

daniel-400px.png
raphael-nogueira-cerddu-jwkw-unsplash-1.jpg

Kene Gallois and Guilherme Coutinho of Daniel Law explain how the success of the plan will pave the way for Brazil to attract further investment and opportunities

The issue of reducing the backlog of the examination of patent applications has become a priority for the Brazilian PTO. In 2019, a programme aiming at expediting the examination procedure was created targeting patents applications filed until December 31 2016. This initiative has presented such satisfactory results that the Brazilian PTO has already announced the extension of the programme to patent applications filed until December 31 2017.

The Brazilian PTO recently published its action plan for the year of 2021, pointing out goals to increase the efficiency of the indicators related to their services. In a two-year period of backlog combat programme, over 60% of all outstanding patent applications have been resolved. An additional reduction of 74% in the third quarter is expected, reaching the mark of 80% by the end of 2021. Putting it into real number, the year of 2021 started with 73,500 of unexamined patent applications, while in May 2021, only about 58,500 patent applications remain unexamined.

Going back to the goals established by the Brazilian PTO for 2021, it is worth noting that the reduction in the delay in the examination of patent applications is aimed at through the publication of around 30,000 decisions, even though the body of Brazilian examiners is considerably smaller compared to other jurisdictions. Further, the total time for completing the technical examination of a patent application will be four years from its filing date.

Regarding these indicators, upon analysing the last five years, the average time between the examination request and the first office action published reached a maximum of 7.16 years in 2017, decreasing for 4.69 years in 2019 and 3.30 years in 2020. For the decisions issued by the Brazilian PTO, it varied from 7,152 in 2015 to 51,588 in 2020 (an increase of about 86%).

A specific look at the year 2019, when the plan to combat the backlog began, shows that the data related to issuance of examination decisions increased of 125% in allowance decisions and rejection decisions. In 2020, the publication of decisions represented an increase of 150% in relation to 2019 and 462% in relation to 2015, showing a performance superior to that achieved in 2019.

Summarising the data obtained, in terms of the issuance of decisions, the annual gain is of around 48%, indicating that the Brazilian PTO is enhancing each year by almost a half its ability of publishing examination decisions.

It is expected that the Brazilian PTO achieves its goal of reverting the slow scenario of examining patent applications in Brazil. By following this way, Brazil will certainly become more attractive for new investments and, consequently, for the protection of assets.

 
Kene GalloisHead of the Chemical & Life Sciences Group, Daniel LawE: kene.gallois@daniel-ip.com Guilherme CoutinhoPatent specialist, Daniel LawE: guilherme.coutinho@daniel-ip.com  

more from across site and SHARED ros bottom lb

More from across our site

Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Todd Hopfinger, director in Sterne Kessler’s electronics practice group, says IP owners are contemplating how patent rights will be enforced as commercial activity expands beyond Earth
Christopher Stothers' arrival strengthens the firm's life sciences, technology and UPC offering as competition for top European litigators intensifies
Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflects the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Gift this article