Important Actions On Patents From The National Institute Of Industrial Property (INPI)

Author:Ms Ana Carneiro
Profession:Dannemann Siemsen Bigler & Ipanema Moreira

It is well known that INPI has been facing a huge backlog for many years, brought about by poor infrastructure and an insufficient number of examiners. Unfortunately, what we have been seeing is that a patent application starts to be examined some 8 to 10 years after its filing date, in spite of, surprisingly, the Institute having declared that this waiting time in 2011 was around 5.4 years.

In order to alleviate this situation, INPI has put some measures in place, namely:

Cooperation agreements with other patent offices, such as the European Patent Office (EPO) and INPI in Argentina (AR). INPI and the EPO entered into partnerships to help Brazilians complete patent applications and use electronic tools to access the various databases used by patent offices. In partnership with Argentina, an agreement relating to the development of an Electronic Platform for Collaborative Examination (e-PEC) has been entered into that permits interaction with examiners from different countries aiming to support the preparation of their expert opinions. Launch of the pilot program for the assessment of "green" patent applications, the subject matter of which must be in accordance with the "IPC Green Inventory" of the World Intellectual Property Organisation (WIPO) ( It is estimated that these cases will be examined within 2 years. Launch of the pilot program related to the "Preliminary Opinion on Patentability", which comprises an analysis of the prohibitions in the relevant articles of law, a preliminary report on a search...

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