World Environment Day and BPTO Green Patent Program – Commentary

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introduction
Green patent program
Adoption of the green patent program
Comment

introduction

Almost 50 years ago, the United Nations chose June 5 to celebrate World Environment Day. Each year, a theme is chosen to be discussed by different global entities related to this topic, aimed at generating positive initiatives for the environment. In 2021, the theme – “REIMAGINE. RECREATE. RESTORE.” – aiming to encourage reflection and action on the revitalization and protection of natural ecosystems.

Brazil recently took an important biodiversity milestone by ratifying the Nagoya Protocol, an international agreement that establishes rules for the fair and equitable sharing of benefits arising from the use of genetic resources of signatory countries. Among other things, the ratification of the protocol gives Brazil the opportunity to encourage national research for the development of new technologies in several fields (for example, agribusiness and pharmaceutical and cosmetic industries).

Green patent program

Faced with this promising scenario, it is essential to adequately protect new technologies, adding even more value to the results obtained. It is well known that the number of patents in the environmental field, which protect “green technologies”, has increased in recent years around the world. However, many scientists and inventors, whether Brazilian or foreign, are still unaware that the Brazilian Patent and Trademark Office (BPTO) encourages the filing of patent applications in the environmental field through a program to speed up the process. review of these inventions.

Initially launched by the BPTO as a pilot project in 2012, the Green Patent Program became a permanent service in 2016 due to its success. Through this program, applicants can request expedited examination of their patent application before the BPTO if it relates to one of the following areas:

  • alternative energies;
  • transport;
  • energy conservation;
  • Waste Management; Where
  • sustainable agriculture.

These five categories were inspired by the Green Inventory of the International Patent Classification of the World Intellectual Property Organization, which was created with the aim of facilitating the search for patent information relating to environmentally friendly technologies. environment listed by the United Nations Framework Convention on Climate Change.

Adoption of the green patent program

According to the BPTO, since the start of the program in 2012, 977 priority review requests based on green technologies have been filed to date. Of these requests, 954 have already been considered, of which 745 have been accepted and 167 have been rejected (Figure 1).

Figure 1: Priority review requests since 2012

As can be seen, 78% of the requests for expedited examination of green technology patent applications filed to date have been accepted by the BPTO. After this acceptance, the BPTO takes an average of 619 days to render a decision on the patentability of the technology – approximately one year and eight months. In this regard, the acceleration of examinations based on green technologies is undoubtedly an excellent option to accelerate the granting of green patents in Brazil since the examination time of these applications is much faster than the average time for an application for a patent. ordinary patent, which may be more than 10 years, depending on the technology field.

Although the numbers show that the BPTO green patent program has been very effective – 78% of the applications made so far have been granted and the prosecution time has been significantly reduced by over 80% compared to a regular review – it seems that this type of accelerated examination is not well known to foreigners. By far, Brazil is the country with the highest number of applications (712) followed by the United States (95) (Figure 2).

Figure 2: Number of Green Patent Program applications by country

In addition, it appears that among green patent applications in Brazil, the majority of applicants are concentrated in the south-eastern region (Figure 3).

Figure 3: Concentration of applicants for the Green Patent Program in Brazil

Comment

Therefore, the next step is to spread the green patent program to other regions of Brazil and abroad, so that more companies can use this procedure to speed up the issuance of green technology patents in Brazil, thus allowing the efficient and profitable trading of these technologies. in a shorter period.

For more information on this topic, please contact Gabriela Salerno Where Rodrigo Klein in Montaury Pimenta, Machado & Vieira de Mello by phone (+55 21 2524 0510) or email ([email protected] Where [email protected]). The Montaury Pimenta, Machado & Vieira de Mello site can be accessed at www.montaury.com.br.


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