Assessing abandoned patents at the INPI
We identified two main factors that affect productivity in the INPI: (i) 40% of patent examiners are not currently examining patent applications at all, as they are busy performing activities other than examination; and (ii) those patent examiners who are examining patents are doing so at a significantly slow pace—on average, three examinations a month in 2015. We explored these two points in our previous article (WIPR April/May 2016).
According to the INPI’s top officials, the backlog has grown at a slower pace when compared to previous years. Assuming that this is true, such an accomplishment may not be the result of enhanced productivity at the INPI. In fact, consistent with information recently disclosed by the INPI, a massive number of patent applicants abandoned their applications over the last few years.
According to recent estimates, Brazilian patent examiners take on average 13 to 14 years to examine a patent application, which is higher in comparison to other patent offices, such as the European Patent Office and the US Patent and Trademark Office. There may be a connection between patent examiners’ decreased productivity and the increased number of abandoned patent applications. The number of abandoned applications has increased since 2013.
