Brazil Opens Green Patent Fast Track

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Earlier this week, the National Institute of Industrial Property (INPI) of Brazil launched a pilot program to accelerate green patent applications (see the Folha news piece here).

The goal of the program is to reduce the period of examination of patent applications related to green technologies to less than two years. Average prosecution time is five years and four months.

The pilot program will be limited to domestic filings (resident or non-residents) and limited to the first 500 petitions granted.

Eligible green technologies (with final determination for entry into the program being governed by a technical committee of INPI) fall under the following categories: alternative energy, transportation, energy conservation, waste management and agriculture.

The requirements to participate in the pilot program are:

The application is a utility patent application;

The application is a national application (resident or non-resident);

The application was filed with INPI on or after January 2, 2011; and

The application contains a maximum of 15 claims in total, with up to three independent claims.

Requests to enter the pilot program also require submission of a form specific to the pilot program and a request for examination (if not already requested) and early publication.

More information (in Portuguese) can be found on the INPI web site here.

Brazil’s INPI joins several other national intellectual property offices that offer expedited examination for green technologies, including the UK Intellectual Property Office, the Korean Intellectual Property Office, the Japanese Patent Office, the Canadian Intellectual Property Office, the Israel Patent Office, and IP Australia.

Article by Marcelo König Sarkis, P. Eng., FIPIC, who is a Senior Patent Agent and Professional Engineer with Heenan Blaikie LLP. He is a member of Heenan Blaikie’s Intellectual Property as well as Climate, Cleantech and Sustainability Groups.

Article appearing courtesy Green Patent Blog.

About Author

Walter’s contributions to CleanTechies over the past 4 years have been instrumental in growing the publications social media channels via his ongoing editorial and data driven strategies. He is the founder and managing director of Sunflower Tax, a renewable energy tax and finance consultancy based in San Diego, California. Active in the San Diego clean technology community, participating in events sponsored by CleanTech San Diego, EcoTopics, and Cleantech Open San Diego, Walter has also been a presenter at numerous California Center for Sustainability (CCSE) programs. He currently serves as an adjunct professor at the University of San Diego School of Law where he teaches a course on energy taxation and policy.