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The prioritized examination pipeline for “Green Patents” has been now established on a permanent basis
The Brazilian Patent Office’s (BPO) “green patents” prioritized examination proceeding, which was initiated in April 2012 and has been yearly renovated for four consecutive years, has now been reissued on a permanent basis via Resolution No. 175 as per publication made in Brazilian Official Gazette No. 2396 of December 6, 2016 (see Annex).
During the 4 years of the use of the pilot program, 480 patent applications were submitted to the program, 325 of which having been considered eligible for the program. The maximum time for a final decision was of about 2 years.
The resolution now published essentially maintains the previous pilot program’s eligibility rules and conditions.
In order to be eligible for the program, the invention must deal with a “green technology”, based in the inventory published by WIPO (see Annex).
The patent application must contain, at the most, 15 claims, of which up to 3 claims can be independent claims. A specific form must be completed and presented at the Patent Office.
The application must already have been published or, if not, its publication must be requested by the applicant. Examination must also be requested upon submission into this Program, if not previously having been so requested.
Applications must be at a stage of prosecution awaiting the substantive examination and should not be on hold for compliance with a previously issued Office Action.
Annuity payments must be updated for the application.
The eligibility of the application will be analysed by the Brazilian Patent Office’s Patents Directorship, who will give notice of acceptance or rejection of the submission request via a specific publication made in the Official Gazette.
Once accepted into the Program, the application will be examined on its merits by the Patent Office with priority over other patent applications that may be in the same Examination Section, awaiting analysis.