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Brazil: The “Green Patents” priority examination program has become a permanent service at the INPI

The “Green Patents” priority examination program became a permanent service at the National Institute of Industrial Property (INPI) from December 6, 2016, with the publication of the new Resolution No 175/2016.

In April 2012, INPI started the “Green Patents” pilot program with the objective of prioritizing the examination of inventions related to technologies aimed to preserving the environment, as well as identifying new technologies in the area and encouraging innovation in the country.

The results of the program are very positive. From the 480 applications that entered into the program during the pilot phase, 325 were considered eligible to have their examinations accelerated, and the average decision-making time was about two years, while the processing time for the normal cases is around ten years.

The field of “green technology” encompasses methods, materials and techniques of product generation that cause less environmental impact. The green technologies covered by the Green Patent Program remain as the alternative energy sources, transport, conservation of energy, waste management and agriculture. The expanded list of these technologies can be found here.

The requirements to participate in the program have not been modified. In summary, applications for patents or utility models must be related to any field of green technology, have been published or have the requirement for early publication, should not have been submitted to the technical examination and should have a maximum of 15 claims (only three of them being independent).

For more information on the Fast track examination of “Green Patents”, please contact our consultants at BRJ@clarkemodet.com.br.

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Carmen Sánchez-Puelles