Client Alert

Fast-track examination program updated with new options: Startups are now on board

(BRPTO’s Gazette of June 30th, 2020).

Ordinance #247/2020 implementing the BRPTO’s new Fast-track (FT) program came into to force on July 30th, 2020. This new program unifies the Fast-track programs issued by the BRPTO so far and adds the possibility of expediting the examination of patent applications belonging to startups.

Eligible startups are those that meet the requirements established by Brazilian Law #167/2019, and must comprise a certificate issued by the Redesim website.

Ordinance #247/2020 also includes the programs addressed to technologies related to Covid-19 and Science, Technology and Innovation institutions – ICT, which were previously provided for in separated rules. In view of that, this new Ordinance encompasses the following Fast-track possibilities:

1) Applications/patents whose applicant/patentee is an individual with more than 60 years old;

2) Applications/patents whose applicant/patentee is an individual with physical or mental disabilities;

3) Applications/patents whose applicant/patentee is an individual with severe health conditions;

4) Applications/patents filed by individual microentrepreneur or small entity;

5) Applications/patents whose applicant/patentee is a Science, Technology and Innovation institution – ICT

6) Applications/patents whose applicant/patentee is a startup entity;

7) Applications/patents covering green technologies;

8) Applications/patents related to diagnosis, prophylaxis and treatment of Acquired Immunodeficiency Syndrome (AIDS), cancer, rare diseases or neglected diseases;

9) Applications/patents related to diagnosis, prophylaxis and treatment of Covid-19;

10) Applications/patents encompassing pharmaceutical products and processes of interest to the drug policies and pharmaceutical assistance of the Ministry of Health and Public Healthcare System (SUS);

11) Applications/patents relevant for national emergency or public interest;

12) Applications that need to be granted as a condition for obtaining financial resources from local development institutions;

13) Applications/patents with at least one infringed claim, i.e., where unauthorized reproduction and/or commercialization is taking place in Brazil;

14) Supposed infringer accused by the applicant/patentee of reproducing and/or commercializing the subject matter of the application/patent without authorization;

15) Prior user who already used, produced, sold and/or imported the object of protection before the filing of the corresponding patent application, and is being or about to be jeopardized by the filing of such application; and

16) Applications with BR priority.

As mentioned above, this rule came into force on July 30th, 2020. It revokes the Fast-track programs issued by the BRPTO before, i.e.: Rule 238/2019 (Fast-track program related to Science, Technology and Innovation institutions - ICT); Rule #239/2019 (Unified Fast-track program); and Ordinance #149/2020 (Fast-track program for technologies related to Covid-19).

The original Portuguese version of Ordinance #247/2020 is available here. Please contact us for the English version. For more information regarding this matter, e-mail us at patents@lickslegal.com.

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