On the occasion of President Dilma Rousseff’s visit to the United States last June 29th and 30th, patents were included as an issue on the agenda for discussion of both countries. According to the understanding, which is reproduced below, a pilot program will be implemented with the purpose of facilitating examination of patent applications that are commonly filed both in Brazil and in the United States. Although the understanding does not through its current wording establish any conditions or requirements, it can be considered a breath of hope to applicants that are presently forced to wait up to 15 years to have a patent granted in Brazil.
BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
ON PATENT WORKSHARING BETWEEN PATENT OFFICES
CONSIDERING the value and the importance of increasing collaborative efforts between the respective patent offices of the United States of America ("United States") and the Federative Republic of Brazil (“Brazil”);RECOGNIZING that worksharing between the respective patent offices of the United States and Brazil may serve as a driving force for improving patent quality and facilitating the examination of patent applications;ACKNOWLEDGING that patent worksharing arrangements between our two patent offices may contribute to promotion of innovation and investment in the economies of the United States and Brazil, and empower U.S. and Brazilian businesses to grow and expand their markets; andENDEAVORING to explore patent worksharing arrangements in the short term to provide experiences and understanding that provide foundations for continuing patent worksharing activities. THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL HAVE REACHED A COMMON UNDERSTANDING AS FOLLOWS:The patent offices of the two Governments intend to commence cooperative activities, on or after the date of signature of this Joint Statement, including the implementation of a mutually beneficial worksharing pilot program that facilitates the examination of patent applications that are commonly filed in the United States and Brazil.It is understood that implementation of such a worksharing pilot program will be subject to conditions and requirements to be established by the patent offices of the United States and Brazil and/or their respective Ministries, as appropriate.This Joint Statement does not create any legal obligations under international or domestic law.