CNI: a collaborative approach

The patent backlog at the Brazilian Patent and Trademark Office (INPI) is a “huge problem because they have a shortage of patent examiners”, says Diana Jungmann, coordinator of the intellectual property programme at the Brazilian National Confederation of Industry (CNI).

The INPI aims to grant a patent on average in just over five years and there is a patent backlog of around 130,000 applications.

Jungmann says that CNI is working closely with the INPI to combat the IP issues the agency is tackling.

“We believe that the best way to support the agency is to understand what the problems are and not to just criticise them for the work they are doing, but to work with them to raise the voice in terms of the government’s role and help the institution overcome all the major problems.

“It is not very inspiring for Brazilians and even foreigners to use our system here,” she adds.

The INPI is going through a period of change and now has a new president, Luiz Otávio Pimentel, who took over in July. Calls have been made in some legal circles for him to take a hard line on how the agency is run, as well as tackling the patent backlog head on.

To put the backlog in context, the US Patent and Trademark Office takes around two years on average to assess and grant patent applications, the Japan Patent Office aims to grant patents within 14 months, and the UK Intellectual Property Office usually takes between two and three years.

Raising awareness

“CNI aims to raise awareness of IP in Brazil,” says Jungmann.

“We also publish tailor-made information for the target audience that we want to reach,” she says.

These agendas are aimed at journalists, entrepreneurs, teachers and judges. They outline all issues these professionals may face, including the role of IP in commerce and media, and clearly explain the law itself.

CNI also works with the Brazilian government to relieve the pressure on the INPI, and the aim is to develop an IP system which is equal to or better than others around the world.

“We are in the process of gaining maturity for the IP issue here in Brazil. IP is part of the CNI agenda and we are hoping that people will understand more regarding international trade, commerce and the connections that IP is able to make between them.”

IP owners

CNI deals with a variety of IP owners including biotechnology companies and universities, which, according to Jungmann, are “learning how to use the IP system”.

How IP owners tackle infringement is to “use our justice system”, she says.

“Our law has a clause regarding infringement so whenever a company feels that it has been somehow hurt by a third party, it can use the justice system.

“I’m not saying that the justice system is the best in the world but the system is in place and it’s working,” she says.

The government

The Brazilian government hasn’t had “any major changes” in the past few years, Jungmann says.

“But what is happening is that these IP issues are more stable in Brazil, so for this reason the industry has offered the government an agenda because we need to raise IP in another discussion in terms of the strategic point of view,” she explains.

“Innovation now is part of Brazil’s development agenda and for us to be able to attract and motivate people and for the companies to invest in innovation we need to have a good IP environment.”

CNI is assisting the government to implement good working practice at the agency, as well as encouraging innovation.

"We are hoping that people will understand more regarding international trade, commerce and the connections that IP is able to make between them.”

Jungmann says: “We need our people working at an award standard because innovation now is part of Brazil’s development agenda and for us to be able to attract and motivate people and for the companies to invest in innovation.”

On July 31 CNI and the Euvaldo Lodi Institute signed four agreements, including with government agencies, to enhance innovation and research. The agreements ranged from boosting start-up businesses to training activities and project selection. Its aim is also to project the image of Brazil internationally as a destination for innovation, by expanding its capacities globally with innovation centres around the world.

“We need to have a good IP environment to secure all the investment and to offer people the conditions you expect for their IP assets,” she says.

Moving forward

Although the patent backlog at the INPI is a problem—one which CNI, along with the Brazilian government is trying to combat—there is a sense that all parties are trying to move forward.

There are hopes that the INPI’s new president will succeed where others didn’t and different business agencies will join together to provide the service which IP owners expect.

“We work hard every day and the best we are hoping for is that people will understand more regarding international trade, commerce and the connections that IP is able to make between them.

“We are really hoping for the government to take good care of our patent office and start to deliver a service that the users expect to have.

“I’m optimistic because that’s CNI’s role and we need to better understand the scenario we’re in. Our whole aspect is to improve and to gain a better understanding of the system.”

The patent backlog isn’t simply going to disappear right away. But with the combined efforts of CNI, the INPI, and the Brazilian government, coupled with clear ideas about how to best represent IP owners, and a fresh pair of eyes at the head of the INPI, there is a sense that these endeavours will help to fight the backlog.