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Startups may have expedite examination of patent applications

Aiming to encouraging startups to seek protection of their technologies through patents faster, the Brazilian Patent and Trademark Office (Instituto Nacional da Propriedade Industrial – INPI) published the Ordinance nº 247/2020, which takes effect as of July 30, 2020.

The Ordinance establishes that startups, as defined in Complementary Law No. 167 of April 24, 2019, can request priority/accelerated examination of their patent applications.

To be accepted a copy of the certificate issued by the Redesim must be presented and the patent application must I) have been published by the Brazilian PTO or with publication already requested; II) have the regular examination requested; III) not have been accepted in other form of priority processing; and IV) not be subject of a division or modification between the request and decision on the priority procedure.