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 association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Sheppard Mullin’s Jennifer Ayers reviews modifications to the rules of practice for IPR petitions and considers what practitioners need to know
News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Gift this article