Ordinance No. 54, published by the Brazilian Patent and Trademark Office (BRPTO) on December 15, 2021, and entered in force on January 01, 2022, updates the fast-track examination programs in Brazil. According to this new Ordinance, the deadline for requesting fast-track examination for patent applications related to technology for the treatment of COVID-19 has been extended to December 31, 2022.

We recall that, in the following circumstances, the fast-track examination can still be requested by the Applicant according to this new Ordinance:

• • when the Applicant is a natural person: (i) older than 60 years old; (ii) with disabilities; or (iii) with a serious illness;

• • when the application is filed by Brazilian micro and medium-sized entities;

• • when the Applicant is a legal person and belongs to a Brazilian Scientific, Technological and Innovation Institute (ICT);

• • when the application belongs to a Brazilian Startup;

• • when the application is directed to a pre-selected green technology, referring to (i) alternative energy; (ii) transportation; (iii) energy conservation; (iv) waste management; and (v) sustainable agriculture;

• • when the application relates to health technologies for the diagnosis, prophylaxis and treatment of (i) Acquired Immunodeficiency Syndrome (AIDS), (ii) cancer, (iii) rare diseases (i.e., diseases affecting 65 per each 100,000 people); (iv) (pre-defined) neglected diseases or (v) COVID-19;

• • when the Applicant is in need of a granted patent to obtain financial resources from official national credit institutions, as an economic subsidy, financing or partnership, or originating from investment funds, for the use of the respective product or process;

• • unauthorized reproduction and/or commercialization of the subject matter object of a patent application is taking place in Brazil; and

• • when the patent application refers to an object whose patent protection has been first requested in Brazil, i.e., the application belongs to a family whose patent prosecution has been initiated in Brazil. 

Still, third parties may request fast-track examination in the following situations:

• • when the application relates to health technologies for the diagnosis, prophylaxis and treatment of (i) Acquired Immunodeficiency Syndrome (AIDS), (ii) cancer, (iii) rare diseases (i.e., diseases affecting 65 per each 100,000 people); (iv) (pre-defined) neglected diseases or (v) COVID-19;

• • when third parties are being accused of unauthorized reproduction and/or commercialization of the subject matter of a patent application; and

• • when third parties, in good faith, simultaneously (i) explored in the country all or part of the subject matter of a patent application prior to its filing date; and (ii) have their rights to continue the exploitation demonstrably threatened or limited.

Click here to read the complete Ordinance (in Portuguese).

 

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