Fast-track examination to technologies related to Covid-19 in Brazil

On April 07, 2020, the Brazilian National Institute of Industrial Property published, in its Official gazette 2570, Ordinance 149/2020 (in force from this same date), which amends Resolution 239/2019 to allow for fast-track examination of patent applications related to pharmaceutical products and processes, as well as medical devices and/or materials used for the diagnosis, prophylaxis and treatment of Covid-19.

Technologies related to the treatment of the new coronavirus are now also part of the already existing health technologies accelerated examination modality and must be filed by June 30, 2021.

As such, patent application considered eligible for this fast-track examination must meet the following: 

1. Have been filed for at least 18 months or have a request for early publication or, in case of international applications, have been published by the World Intellectual Property Organization (WIPO);
2.  Have no division or amendment, voluntarily made by the applicant, between the request and the decision of the fast-track procedure; ‍
3. Have requested examination;
4. In case of divisional patent applications, the original and all the divisional applications shall have a fast-track request and shall meet the requirements to be eligible to fast-track examination; ‍
5. The applicant is not allowed to voluntarily file divisional or amend the patent application prior to the publication of the first technical examination opinion by the BRPTO under penalty of annulment of the fast-track examination;
6. The request for fast-track examination to technologies related to Covid-19 must be submitted by the applicant or interested third party, individual or legal entity;
7. The request for fast-track examination to technologies related to Covid-19 shall contain a clarification indicating the relation of the patent application matter with the diagnosis, prophylaxis and/or treatment of Covid-19. In other words, unlike other modalities contemplated by Resolution 239/2019, it is not necessary for the matter to be defined in the set of claims;

In view of the pandemic declared by the World Health Organization caused by COVID-19, its impacts on public health and the need for short, medium and long term to protect the population from the virus, the BRPTO is dedicated to disseminating technologies that can contribute to coping with the situation, including vaccines, medications, diagnostic tests, masks and health equipment. Initiatives on funding and incentives for research in this area are also being publicized, all through the Covid-19-Related Technologies Observatory created in March.

Among the recent updates, the Observatory presents a study about patents applications at BRPTO regarding diagnostic methods for Covid-19 and other respiratory viruses.

This way, relevant information is contributing to public agents and members of the National Innovation System who are directly linked to the fighting disease.