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In Brazil, through the Brazilian Trademark and Patent Office (BPTO), it is possible to request priority for a patent application in some specific cases, listed below:

1) Based on the applicant:

– physical person of age 60 or older;

– physical person with physical or mental disabilities;

– person with a serious disease;

– Micro-Enterprises and/or small-sized companies;

– Scientific, technological, and innovation institutions;

– Startups.

2) Based on the situation:

– Applications that need to be granted in order to obtain financial resources;

– when third parties are being accused of counterfeiting the object of the patent application;

– applications that third parties own a technology that was later applied for as a patent;

– Technology processes resulting from public funding;

– Technology processes available on the market.

3) Based on the technology

– applications seeking protection of green technology;

– applications whose object is a product for treatment of specific diseases, including Covid-19. 

4) Based on the cooperation

– Applications of patent families whose protection was initially requested in Brazil;

– Applications whose matter was considered to be patentable by a partner office.

Usually, the priority is applicable in cases that require urgent analysis, which justifies the priority in relation to other patents applications. We clarify that even for patent applications in which it is not possible to apply for priority, the BPTO has been working to reduce the backlog. 

It is important to note that for each type of situation in which priority is applicable, different documents will be required and the amount of the fee also differs from case to case.

Peduti Advogados assists companies and individuals on this kind of procedure. Feel free to contact us if you want to know more information about this procedure.

Lawyer Author of the Comment: Luciana Santos Fernandes

Source

Headline: Trâmite prioritário – NOVOS PROJETOS-PILOTO

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

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