New year, new ordinances

December 27, 2022

(BRPTO’s gazette of December 27, 2022)

2023 starts with new ordinances in force to accelerate patents and patent applications’ examination.

Ordinance #78/2022: Phase IV of the PPH program – PCT

Ordinance #78/2022, which implements Phase IV of the BRPTO's PPH program, adds some changes in this new phase, the most significant being the increase in the number of applications per IPC Section to 250 per section per year. The ordinance maintains: (i) only one PPH request acceptable per applicant per week; (ii) 800 requests as the maximum accepted in the program per year, and (iii) 100 PPH requests as the maximum accepted based on a positive opinion of an International Authority in the International phase. Said ordinance, valid until December 31, 2025, is available on the BRPTO’s website, and its original version (in Portuguese) can be downloaded here.

Ordinance #79/2022: BRPTO updates the unified Fast-Track program

Ordinance #79/2022 updates the BRPTO's unified Fast-Track (FT) program by removing the possibility of requesting expedited examination for applications of Covid-19-related technologies and by incorporating the possibilities for expediting examination based on Public Funding and Technologies made available in the Brazilian market, which were available in a specific ordinance, as part of the unified FT program. This Ordinance encompasses the following Fast-Track possibilities:

  1. Applications/patents whose applicant/patentee is an individual over 60 years of age;
  2. Applications/patents whose applicant/patentee is an individual with 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 encompassing pharmaceutical products and processes of interest to the drug policies and pharmaceutical assistance of the Ministry of Health and the Public Healthcare System (SUS);
  10. Applications/patents relevant for national emergency or public interest;
  11. Applications that need to be granted as a condition for obtaining financial resources from local development institutions;
  12. Applications/patents with at least one infringed claim, i.e., where unauthorized reproduction and/or commercialization is taking place in Brazil;
  13. When a supposed infringer is accused by the applicant/patentee of reproducing and/or commercializing the subject matter thereof without authorization;
  14. When a prior user had already used, produced, sold and/or imported the object of protection before the corresponding patent application was filled, and is being or about to be jeopardized by the filing of such application;
  15. Application/patents whose subject matter results from public funding;
  16. Application/patents whose subject matter has already been made available in the Brazilian market; and
  17. Applications with BR priority.

Said ordinance is available on the BRPTO’s website, and its original version (in Portuguese) can be downloaded here.

In case you wish further information on the mentioned Ordinances, which will come into force on January 1st, 2023, or their corresponding English version, please contact us at patents@lickslegal.com. We will be glad to assist you.