Brazil announces new fast track options for patent examination

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Brazil announces new fast track options for patent examination

Sponsored by

daniel-400px.png
High speed technology concept via a Tokyo monorail

The Brazilian Patent and Trademark Office recently announced three new fast-track options for the examination of patent applications, which are already in effect. These new fast-tracks are available for: (i) applications covering “technologies already available in the [Brazilian] market”; (ii) applications filed by local startups; and (iii) applications for “technologies resulting from [Brazilian] public funding.”

The first option welcomes any application claiming subject matter that is available in the Brazilian market. According to the new rules, a technology is considered to be "available in the market" when at least part of the claimed subject matter has been licensed, put on sale, imported to, or exported from Brazil. This option has the potential to help applicants, fearing the entrance of infringers, to obtain patent protection sooner rather than later.

In order to benefit from the second option, dedicated to local startups, the applicant must present a certificate, issued by local authorities, stating that it meets the statutory definition of a startup. According to the statute, a “startup” is an innovative company that “aims to improve systems, methods or business models,” either incrementally or in a disruptive fashion. According to the BPTO, the goal of this new fast-track option is to assist technology-based companies in establishing themselves in the market, as patents allow them to confirm the originality of their inventions.

Finally, with regard to the third option, the new rules state that a technology is considered as "resulting from public funding" whenever the claimed subject matter results entirely from efforts of Brazilian public entities to develop that matter.

With these three new options, the BPTO will now offer more than a dozen fast-track options to expedite examination of patent applications, including PPH programmes with foreign patent offices and the green patents programme (envirotech inventions).

more from across site and SHARED ros bottom lb

More from across our site

Tim Gilman, who joined Kasowitz alongside three other partners, says he is excited to be part of the firm’s ‘elite’ litigation team
A backlash against a White House video promoting deportation and Casalonga opening a new office in Düsseldorf were also among the top talking points
The firm has brought on board two counsel and an associate to complement two previously revealed partner hires
Bradford Newman, who has joined the firm’s new Silicon Valley office as head of complex technology disputes, discusses plans to build the practice group and attract local talent
Managing IP summarises the highlights from the IP STARS rankings for copyright and IP transactions work, the final firm rankings release of the year
Developments included the first judgment from the Nordic Baltic division, an injunction covering the UK, and a new code of conduct
Alston & Bird acted for InterDigital, while Samsung was represented by Fish & Richardson, during the arbitration process
Powell Gilbert lawyers reveal how they navigated parallel EPO proceedings and collaborated with European peers to come out on top in the Nordic-Baltic Division’s first judgment
The firms posted increases in revenue and profit per equity partner, with both giving a nod to their IP expertise
EasyGroup, the owner of the easyJet airline, said in a press release that UK-based first-instance judges are “less experienced”, bringing a long-running debate back to the fore
Gift this article