By Tarso Mesquita Machado

BPTO issues Phase II of prioritization of Technologies Available on the Market and Resulting from Public Financing

Continuing with the projects of priority of prosecution, the Brazilian PTO (“BPTO”) published Ordinance/INPI/PR 053, of December 16, 2021, which will come in force on January 1, 2022. Said ordinance presents a new phase for pilot projects of priority prosecution for patent applications with “Technology Made Available on the Market” and “Technology Resulting from Public Financing” within the scope of the BPTO.

The priority type “Technology Available on the Market” applies to patent applications whose all or part of the subject claimed matter has been licensed, offered for sale, imported or exported, using the Brazilian market as a reference.

Also, the type “Technology Resulting from Public Financing” refers to patent applications whose claimed matter has been developed from direct financial support resulting from public revenues.

In order to participate in this type of accelerated examination, it will be necessary to file the request along with:

– A document showing that the claimed matter in the patent application was licensed, offered for sale, imported or exported; OR  a document that formalizes the approval of the financial resource destined for the development of the technology claimed in the patent application; and

– A statement that said document refers to all or part of the subject matter claimed in the patent application.

The requests, according to Phase II, may be filed between January 1, 2022 and December 31, 2023. However, there are the following restrictions:
– For each Section of the International Patent Classification (IPC), only 100 requests will be accepted in the pilot projects during each annual cycle;
– Only 400 requests will be accepted during each annual cycle – after reaching this limit, the project will be stopped and reopened in the new annual cycle; and
– Each applicant may file one request for priority prosecution per week.

It should be noted that the effects of priority examination extend until the end of the administrative sphere, that is, its effects are valid even during the appeal stage at the BPTO.

If you are interested in requesting priority examination in accordance with the above types, or other modes currently in force, we are available at


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