Though matters are improving, there are still major challenges to filing patents in Brazil, says Andre Alvarez.
Like many other countries, Brazil has its peculiarities in the field of industrial property. A lack of knowledge of these particularities can result in involuntary restrictions in the scope of the intended protection, and it is important to be aware of some of the processes currently practised by the Brazilian patent and trademark office (INPI).
If you wish to file a patent application in Brazil, it is advisable to be aware of the existence of a backlog of approximately 170,000 applications. It is equally important to know that there are also methods to shorten the processing time of an application at the INPI.
Some patent applications in Brazil can have their progress speeded up if they deal with ‘green’ technology or pharmaceutical products for the treatment of certain diseases that are considered strategic within the ambit of the Brazilian Healthcare Program (SUS). Furthermore, utility models and applications whose subject matter is being infringed can also be prosecuted more quickly.
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patent filing, Brazil, INPI, SUS