The Brazilian Patent and Trademark Office (BPTO) published today,  a new rule establishing a fast-track examination for patent applications related to Covid-19. Thus, any applications which are related to a product, pharmaceutical process, equipment and/or materials for use in healthcare with the purpose of diagnosing, promoting prophylaxis or treating the new coronavirus will be eligible for such prioritized examination.

The fast-track procedure will accept only patent applications filed until June (July) 30, 2021 (the rule has an inconsistency regarding the dates of acceptance of requests and, thus, the BPTO should issue a new statement clarifying and/or editing this aspect). As a result, the examination process will be drastically expedited. Another advantage of this procedure is to encourage the development of new technologies focused on the new coronavirus.

As a complementary study, the BPTO also published, data related to patent applications already filed and analyzed in Brazil for diagnostic methods for coronavirus and other respiratory viruses. The study identified 141 patent applications citing respiratory viruses, amongst which, 65 expressly indicate coronavirus as a targeted virus. It is also noted that the filing peak of these applications was between 2004-2012, when other epidemics caused by coronavirus took place, namely SARS and MERS.

We will continue to monitor the evolution of this matter in order to share further relevant news, while remain available to provide our clients and commercial partners with all assistance needed in the meantime.

New rule – Portaria /INPI/ nº 149 – click here.

“Overview of patents filed with the INPI describing diagnostic methods for Coronavirus and other respiratory viruses” – Click here.