Brazil’s National Institute of Industrial Property (INPI) has set forth an ambitious Strategic Plan for the triennium 2024 – 2026, aiming to streamline the country’s patent system. Traditionally marked by a lengthy average response time of three years, the INPI is taking decisive steps to expedite patent processing, a move that could significantly benefit patent applicants and the broader intellectual property landscape in Brazil.
In a pivotal change initiated in January of this year, the INPI has altered its queue management strategy. The waiting list for patent examination is now organized by the date of examination request, moving away from the previous system that prioritized the date of patent application submission. This adjustment is expected to reduce the time from submission to decision, potentially by up to three years, provided applicants are willing to fully waive the patent secrecy period, which stands at 18 months from the filing date.
The shift comes as part of the INPI’s broader effort to optimize its systems and procedures. However, the Institute emphasizes the role of the applicant in this process. By requesting the examination of a patent application sooner, applicants can significantly shorten the time to a final decision. This proactive approach is not only a strategic advantage for the applicants but also a means to enhance the efficiency of Brazil’s patent system.
For illustration, consider two patent applications: one filed in 2022 and another in 2023. If the latter’s examination is requested in the same year as its submission, it will be prioritized over the former, even if the former was submitted earlier. This example underscores the INPI’s commitment to a more efficient, applicant-responsive process.
The patent landscape in Brazil has seen continuous growth, with a total of 27,918 patent applications filed from January to December 2023, marking a 2.9% increase from the previous period. During the same timeframe, 19,204 patents were granted. Brazil’s international appeal in the patent domain is evident, with clients from 86 countries seeking patent protection within this period. Leading the charge in invention patent applications were the United States (30%), Brazil (20%), China (7%), Germany (6%), and Switzerland (5%).
This strategic shift by the INPI, coupled with the active participation of applicants, promises a more dynamic and efficient patent system in Brazil. It is a welcome development for inventors, corporations, and legal professionals alike, signaling a brighter future for innovation and intellectual property protection in the country.