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Brazilian advances in the area of protection and analyses of patent applications

Time Extension of the Pilot Program of Green Patents and Collaborative Examination Over the last few years, the Brazilian Patent and Trademark Office (BPTO) has been actively endeavoring to improve its services and, at the same time, expediting the examination of the patent applications.
The prerequisites for the enrolment in this Project remain the same, in terms of the provisions of the Project initially defined by the Program on April 17, 2012. The prerequisites are listed in the table attached.

Out of the total of 110 applications introduced into the Project, 70 or so have been accepted and the first patent granted bears number PI11094219-2, which took 272 days to be granted.

A further attempt to expedite the examination of patent applications and, at the same time, imparting a better quality to the examinations of the same, is attributed to the SYSTEM OF COOPERATION ON THE ASPECTS OF OPERATIONAL INFORMATION AND INDUSTRIAL PROPERTY – SHORT FOR BRAZILIAN ACRONYM “PROSUR”.

PROSUR is a Program targeted to carry out a collaborative examination of Patents among its nine member countries (Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Surinam and Uruguay). Under terms of the PROSUR, the Examiners of the Patent Offices of the Member Countries will exchange information respecting the examination of the Patent Applications bearing the same priority, which have been filed in more than one Member Country. An electronic platform has been developed in order to enable the exchange of information. The Pilot Phase for the beginning of operation of the platform is coming in September this year.

There have also been prepared the bases for the collaboration. There has not been defined thus far whether the collaboration will involve all the areas of knowledge or specific areas. The decision will take place in each country and the deadline for the manifestation on this issue will expire coming July 15.

The only positive information we have is that the final decision on the patent application is incumbent upon the local Patent Office, in the meaning of the legislation.

In the above respect, along with the investment in the computerization of the analysis process of the patent application and the engagement of new patent examiners, the BPTO trusts that PROSUR and the Project of Green Patents will contribute towards reducing the backlog now existing in the referred-to Self-Governing Agency.

KNOWLEDGE AREAS PRIORITY TERMS OF THE APPLICATION FEES
Alternative sources of energy; conservation of energy; transportations; management of residues in general and agriculture BR and PUC patent applications; 15 claims and a maximum of 3 independent claims Application already published; 15 claims and a maximum of 3 independent claims Enrolment with the Program; Request of Technical Examination; Anticipated Publication (when necessary)

Carmen Sánchez-Puelles