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

A team of partners that joined Boies Schiller Flexner say they would like to double the firm’s patent litigation capabilities
Iris Quadrio at Marval O’Farrell & Mairal discusses mentors, volunteering, and leadership in our latest interview to mark women leaders in IP
Abigail Struthers discusses why law firms are like a mix of small businesses and explains why hopeful patent lawyers should not assume that a science degree is essential
We review the latest batch of IP STARS rankings, analyse a major law firm collaboration following the opening of India’s legal market, and look at why Canadian brands are promoting ‘Canadianness’
Counsel explain how the USPTO’s decision to discretionarily deny institution of a PTAB case affects their advice to clients
The Life Sciences Awards announces the winners for the 6th annual awards
The UPC’s plans to roll out its new Case Management System and a setback for TikTok in India were also among the top talking points
Trademark specialist Jonathan Thomas says he’s excited to introduce his clients to other areas of Greenberg Traurig’s practice
Counsel at firms responsible for managing the highest number of registered trademarks explain the secrets behind staying organised and keeping the work flowing in
Attorneys explain what stakeholders should know about Patent Term Adjustments in Brazil, more than three years after a landmark Brazilian Supreme Court ruling
Gift this article