Brazil establishes two new modalities of priority processing for patents

The BPTO will launch, as of September 1, two more types of priority patent application procedure: for processes with technology made available on the market and for those with technology resulting from public funding. The BPTO’s Directive No. 294/2020, which regulates the new services, as a pilot project, was published in the Official Gazette (RPI) No. 2588 last Tuesday (August 11).

Furthermore, the patent process whose all or part of the claimed object has been licensed, offered for sale, imported or exported, taking the Brazilian market as a reference, fits into the “Available Technology on the Market” modality. The type “Technology Resulting from Public Funding” refers to the patent process whose object claimed was the result of direct financial support resulting from public revenues with the express purpose of its development.

The objective of the new modalities is to improve the Brazilian industry through a quickly protection of inventions that represent a competitive advantage for companies operating in Brazil.