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Brazilian PTO (BRPTO) issues Rule #191/2017 introducing Technology Readiness Levels (TRL) as one of the criteria for fast-track of patent applications filed by S&T institutions.

May 23, 2017

The BRPTO issued today, May 23, 2017, the “Patentes ICTS” (Patents – S&T Institutions) a new Rule establishing fast-track directed to applications for inventions or utility models first filed at the BRPTO or, if using PCT, at the BRPTO acting as the Receiving Office. At least one of the applicants must be an S&T Institution.

Participants willing to be included in the project must provide a Search Report and a corresponding Opinion on Patentability considering the documentation of the search report, unless the BRPTO, acting as PCT Authority, has already issued an International Search Report or an International Preliminary Report.

Some other restriction also apply:
• The application is not classified as Fields “B” (Performing Operations; Transporting) or “F” (Mechanical Engineering; Lighting; Heating; Weapons; Blasting; Engines or Pumps) of the International Patent Classification;

• The applicant must prove that the subject matter of the application is at Technology Readiness Levels (TRL) higher than 5, in a scale from 1 (lower) to 9 (greater);

• The applicant must prove that the subject matter of the patent application is licensed (e.g. a simple copy of a license agreement) or in the process of licensing or provide a declaration of interest of use by some company.

In addition, the application must have been accepted and published by the BRPTO, and the request for examination duly filed, having all the fees already being paid. Another restriction is that no other request for fast-track has been made for this application and that it is not involved in any lawsuit in Brazil.

The applicant must amend the application to overcome any objections made by an International
Search Report or an International Preliminary Report of a PCT Authority, considering the limitations of the BRPTO’s Rule #93/2013.

The applicant can participate in the program with only one application per month. If the application has more than one applicant, this limitation is applied to all applications that have at least one applicant in common.

The original Portuguese version of Rule #191/2017 is available here.

The Japanese version and the English version will be available soon.