Resolution # 175/2016 – Fast-track examination of patent applications covering “green” inventions – BRAZIL

The Brazilian Patent and Trademark Office (BPTO) published on December 06, 2016, Resolution # 175/2016, which finally establishes the fast-track examination of the so called “green inventions” in a definitive manner. As before, both normal and PCT national phase applications are eligible without restriction as to filing date. Further requirements remain the same as those of the precedent resolutions on the matter, namely:

(i) the patent application may relate to an invention or to a utility model;
(ii) the invention or utility model must be directed to alternative energy, transportation, energy conservation, waste management and sustainable agriculture as provided by the green inventory of WIPO (attached and also available in the resolution list https://www.wipo.int/classifications/ipc/en/est/), excluding inventions related to administrative, regulatory or design aspects, and nuclear power generation;
(iii) the program will apply to Brazilian patent applications which have been accepted by the formal preliminary examination or by the examination of eligibility for entry into the national phase in the case of PCT applications;
(iv) there should be a maximum of fifteen (15) claims that include no more than three (03) independent claims;
(v) the patent application should already have been published in the Brazilian Industrial Property Journal or a request for early publication must have been filed;
(vi) examination of the patent application must have been requested;
(vii) no substantive office action has already been emitted;
(viii) the strategic fast-track examination fee should be paid.

An English version of Resolution #175/2016 is attached for your prompt reference.

As the program is now provided in a definitive manner, no deadline was established for requesting admission and there is not a maximum limit of patent applications to be accepted. Thus, if you wish to take advantage of this program and believe that above provisions apply to your patent application(s), please contact us, so that we can assist you with the required actions to benefit from this fast track examination.