The Brazilian Patent and Trademark Office published a Resolution on December 06, 2016 which establishes a fast-track examination of patents for green inventions. Both normal and PCT national phase applications are eligible. Following requirements apply:
(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 http://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.
The Brazilain patent office is notoriously very slow. We hope this fast track will convince more companies active in the green tech sector to protect and develop their business in this huge emerging market.
