Unlocking Expedited Patent Approval in Brazil: Strategies for Accelerated Processing

The process of patent examination in Brazil has undergone significant changes, presenting opportunities for the owners expedited processing. Recently, The Brazilian Trademark and Patent Office (INPI), has implemented measures aimed at streamlining the patent examination process. However, a lesser-known fact is that applicants themselves can significantly reduce the examination timeframe by up to 3 years.

IEfforts to accelerate patent processing are crucial for fostering innovation and benefiting society as a whole. For several years, the INPI has been working to reduce the patent examination timeframe in Brazil, which once reached 7 years.

According to the Industrial Property Law (9.279/1996), the INPI cannot initiate the examination of a patent application until requested by the applicant or a third party. The deadline for requesting examination is 36 months (3 years) from the filing date of the patent application. Opting to forego this deadline can significantly expedite the process.

To further incentivize early examination requests, the INPI has introduced procedural changes. As of January of this year, the examination queue is organized based on the date of examination request rather than the filing date of the patent application. This means that applications with later filing dates but earlier examination requests are prioritized in the queue.

For international lawyers representing clients with patent interests in Brazil, understanding the nuances of the patent examination process and leveraging strategies to expedite processing can be immensely beneficial. By taking proactive steps to request early examination, applicants can not only expedite the patent granting process for their inventions but also contribute to the overall innovation ecosystem in Brazil.

Therefore, if the holder's goal is to have the patent granted as quickly as possible, it is important to request examination promptly after filing.