Is It Possible to Expedite the Examination of My Patent Application Filed with the INPI?

Yes, it is possible!

Much has been said about the delays in the examination and granting of patents by the Brazilian Patent and Trademark Office (INPI), commonly referred to as the patent backlog. These delays can hinder business transactions and create legal uncertainty. However, patent applicants may currently request prioritized examination of their applications.

This means that when the applicant—whether a company or an individual—or the subject matter of the patent application falls within one of the categories established by the INPI, the application may be examined within one year.¹

What Are the Requirements?

To request prioritized examination:

1. The patent application must have been published;

2. The request for examination must already have been filed; and

3. The applicant or the subject matter of the patent application must fall within one of the eligible categories established by the INPI.

It is important to note that even when the application remains confidential, the applicant may request early publication in order to satisfy the first requirement.

What Are the Eligible Categories?

The categories accepted by the INPI are presented below:

Source: Adapted from the INPI’s information on prioritized patent examination procedures.

Your patent application is likely to qualify under one of the available categories. Should you have any questions, please contact us.

¹ Estimated average examination period according to the INPI.