Brazilian PTO offers several modalities for speeding up patent prosecution in the country. Find below the modalities available that most fit foreign applicants.
* Related to the Applicant:
- ELDERLY APPLICANT
Individual applicant aged 60 years or older.
Document: Official ID document (notarization/legalization is not required).
* Related to the Situation:
- TECHNOLOGY IN THE BRAZILIAN MARKET
Patent application that was licensed, commercialized, imported, or exported in the Brazilian market.
Documents: Documents that show that the patent application was licensed, commercialized, imported, or exported in the Brazilian market and an affidavit that states the documents are related to the subject matter claimed in the patent application.
- APPLICATION WHOSE SUBJECT IS REPRODUCED BY THIRD PARTIES WITHOUT AUTHORIZATION
The applicant alleges the third party is reproducing and/or commercializing the invention without their consent.
Documents:
Documents: a) Notice Letter against the third party in which is expressly mentioned the patent application number and the alleged misusing of the invention.
b) Document stating that a third party acknowledged the receipt of the notice letter.
c) Information showing that the third party is possibly reproducing and/or commercializing the subject matter of the patent application.
- APPLICATIONS WHOSE THIRD PARTIES ARE BEING ACCUSED OF COUNTERFEITING
Third-party that is being accused to reproduce and/or commercialize an invention without their owner/applicant’s consent.
Documents:
a) Proof that the third party is being accused of reproducing and/or commercializing an invention without their owner/applicant’s consent.
b) Opposition (or administrative cancellation) receipt filed before Brazilian PTO to prove that the invention is in the state of the art.
c) Clarifications concerning differences, if the patent subject matter is different from the subject produced and/or commercialized.
- PREVIOUS USE OF THE TECHNOLOGY
Third-party that previously used, produced, sold, and/or imported a subject claimed as patent and that is facing damages (or on the verge of facing damages) due to the filing of the patent.
Documents:
a) Proof that the third party used, produced, sold, or imported the subject matter before the filing date of the patent application. b) Proofs that the patent application filed is causing damages (or is on the verge of causing damages). c) Clarifications and the opposition (or administrative cancellation) filed against the patent proving that the invention was in the state of the art when the patent was filed.
* Related to the Technology:
- GREEN PATENTS
Invention claiming a “green technology”, i.e. subjects related to alternative energy, transportation, energy conservation, waste management, and sustainable agriculture, according to the detailed list of green technologies of Appendix II of PORTARIA/INPI/Nº 247 of June 22nd, 2020.
Document: Clarifications concerning which specific item of the above-mentioned list matches the subject of the invention.
Remark: The application should have up to 15 claims (it may include up to 3 independent claims). It is possible to amend the claims before paying the technical examination.
- HEALTHCARE TREATMENT
The application that claims the protection of pharmaceutical products, processes, equipment, and/or materials to be used for the diagnosis, prophylaxis, and treatment of Acquired Immunodeficiency Syndrome (AIDS), Cancer, Rare Diseases (which affect up to 65 people per 100,000 individuals) and Neglected Diseases (Chagas disease, dengue / hemorrhagic dengue, Chikungunya, Zika, Schistosomiasis, Hanseniasis, Leishmaniasis, Malaria, Tuberculosis, Buruli Ulcer, Neurocysticercosis, Echinococcosis, Yaws, Fasciolosis, Paragonimiasis, Filariasis, Rabies, Helminths, Manifestations of intoxication or poisoning due to poisonous or venomous animals).
Document: Clarifications concerning the relation between the subject-matter and the diagnosis, prophylaxis, and treatment of AIDS, Cancer, Rare Diseases, or Neglected Diseases.
* Related to the Cooperation
- PPH (Patent Prosecution Highway)
Applications whose subject matter was considered patentable by a “partner patent Office”. The complete list of partners’ offices and deadlines may be found here. Contact us for the complete list of documents required.
General rules:
- Up to 800 requests for PPH per year;
- Up to 100 requests for PPH per year and per IPC – International Patent Classification;
- Up to 100 requests for PPH per year having the PCT examination as the basis;
- Up to 1 request for PPH per week by the applican
General remark: There are other modalities available in Brazil, however, they fit more for domestic citizens (e.g.: applications that use public funds).
For further questions, please contact us at info@cnvbrazil.com.br
Source: Brazilian PTO official website.
