Green Patent in Brazil

Created in April 2012, this expedited examination aims to encourage sustainable innovation and to reduce environmental impacts.

The first phase of the program was restricted to Invention patents only; in the second phase all Brazilian direct filings were accepted, including Utility Model Patents. In the third phase, starting on 07/15/2014, the applications filed via the Patent Cooperation Treaty (PCT) in Brazil were also accepted.

What are the requirements?

  • Technology should fit one of the green technologies, click here to see the complete list;
  • Payment of the Technical Examination fee;
  • Payment the Annual fees (due up to the Green Patent request);
  • Application should be published (it is possible to pay the anticipated publication fee);
  • Payment the Government fees related to the Green Patent program (BRL 890 for corporate / BRL 356 for individual);
  • Statement concerning negative access to the National Heritage (or Authorized Access Number CGEN to the National Heritage).
  • Maximum of 15 claims in total;
  • Maximum of 3 independent claims.

Intellectual Property, which also proceeded with the amendments in order to fit the application to the Green Patents program requirements above-mentioned. The granting of the patent was published in the Industrial Property Official Gazette (RPI) in a record time: only nine months after the Green Patent request was filed.

The Green Patents program aims to reduce the time frame of analyzes, which is usually between 6 and 10 years. The program committee only examines patent applications in the following categories: alternative energy, transportation, energy conservation, waste management, and sustainable agriculture.

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