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Brazil’s “Green Patents” Program

Brazil is increasingly becoming a go-to destination for patent enforcement because of the size of its market and predictable system for obtaining injunctions.  But many who filed applications in Brazil in the past remember the process of obtaining a patent there being long and painful.  Roberto Rodrigues and Chairin Kong, from Brazil’s top IP firm - Licks - write in about “one of several measures the Brazilian Patent and Trademark Office (BRPTO) has taken to combat its backlog and approach the international standards for the analysis period for granting patents” and a dramatic example how the market is growing.

The BRPTO has had the "Green Patents" program since 2016 to speed up the examination of patent applications related to “combating climate change.”   Under the program, Applicants are entitled to request priority examination for the following five categories of green technologies: (i) alternative energies; (ii) transportation; (iii) energy conservation; (iv) waste management; and (v) sustainable agriculture.

In the last 5 years, 411 applications with priority examination have been requested for green technologies, of which 248 were granted and 151 rejected.

In addition, in 2023, the average time between the request for speed-up and a decision for these types of applications was of approximately 7 months, a very short period compared to the time that the Office takes for common patent applications, i.e., 6-7 years.

Growing auto market: several automotive companies, at the beginning of 2024, announced billion-dollar investments in the electric car segment in Brazil for the next years. France's Renault announced an investment of R$ 5.1 billion, the U.S. company GM R$ 7 billion, Germany's VW R$ 16 billion, Japan's Toyota announced R$ 11 billion, the Stellantis group R$30 billion, and South Korea's Hyundai announced R$ 5.5 billion.

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