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

The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article