The Brazilian Patent and Trademark Office (BPTO) published by means of Ordinance No. 79, dated December 16th, 2022, which will come into effect on January 1st, 2023, a new regulation for establishing guidelines for priority prosecution for patent applications within the scope of the BPTO.
Now permanently and without a limited number of requirements per annual cycle, the modalities of “Technology Available on the Market” and “Technology Resulting from Public Financing” join the other modalities of priority Applicant with Disability, Applicant with Serious Illness, Sole Entrepreneur, Micro Enterprise or Small Business Applicants, Scientific, Technological and Innovation Institution Applicant, Startup Applicant, Green Technology, Health Treatment Technology, Technology Requested by the Ministry of Health, Technology of Public Interest or National Emergency, Grant of Financial Resource, Applicant Accusing Counterfeiting, Third Party Accused of Counterfeiting, Previous User of Technology and Patent Family Originated in Brazil.
The priority type “Technology Available on the Market” applies to patent applications whose all or part of the subject claimed matter has been licensed, offered for sale, imported or exported, using the Brazilian market as a reference. Read more