The search for sustainable solutions is no longer a trend but has become a strategic global necessity. In Brazil, this movement is reflected in the industrial property system through green patents, a priority examination procedure established by the National Institute of Industrial Property (INPI) to accelerate the protection of low environmental impact technologies.
In this article, we detail what characterizes this modality and how your company can convert environmental innovation into a strategic asset in an accelerated manner.
What are Green Patents
Contrary to what many believe, the “Green Patent” is not a new legal category, but rather a priority processing procedure. It is intended for inventions (PI) or utility models (MU) that fall within the WIPO Green Patents Inventory.
To be eligible, the technology must be directly linked to one of the five macro-areas defined by the INPI:
Renewable Energy: Solar, wind, biomass, green hydrogen, etc.
Transportation: Electric vehicles, hybrid propulsion systems, and logistics efficiency improvement.
Waste Management: Effluent treatment, advanced recycling, and soil remediation.
Sustainable Agriculture: Reforestation techniques, biological pesticides, and smart irrigation.
Civil Construction: Ecological materials and thermal insulation/energy efficiency technologies.
The Advantage of Priority Examination
The biggest bottleneck for innovation in Brazil is usually the backlog (waiting queue).
To encourage sustainable innovation, the INPI created the Green Patents Pilot Program in 2012, later consolidated as a permanent initiative. While a regular application can take years to be decided, the Green Patents program is one of the most effective at the INPI, with decisions frequently occurring in less than 12 months.
This speed is crucial for:
Legal Certainty: Obtaining exclusivity of exploitation in record time.
Capital Attraction: Projects with granted patents have greater value in investment rounds and startup valuations.
Commercialization: Facilitates technology licensing and public-private partnerships.
Strategic Advantages for Business
Beyond speed, classifying an invention as green technology provides:
International competitive advantage
Companies seeking to expand their operations to international markets find in green patents a strategic differentiator, aligned with sustainability guidelines (ESG) required in global markets.
Institutional recognition
The company positions itself as a leader in responsible innovation before clients and stakeholders.
Priority in public funding
Many credit lines and innovation funding programs require or prioritize technologies with pending patent applications.
Requirements to classify an application as a green patent
As engineers and Industrial Property specialists, we note that classification is not automatic. To request priority green examination, the application must meet strict formal requirements, such as:
Claim Limitation: The application must contain a maximum of 15 total claims (with up to 3 independent claims).
Precise Classification: The technical description must clearly demonstrate how the invention connects to the environmental benefit provided for in WIPO guidelines.
Examination Already Requested: The technical examination request must have already been filed with the INPI.
This analysis requires careful attention in drafting the green patent application and in classifying the invention within the categories accepted by the INPI, highlighting how it contributes to sustainability.
How to register a green patent with the INPI
The registration process for a green patent follows the same steps as any patent application, but with the possibility of accelerated processing. In general, it involves:
Filing the application with the INPI, along with the required documentation;
Technical examination, in which the INPI evaluates the criteria of novelty, inventive step, and industrial application;
Priority request, with justification for classification as a green patent;
Granting of the patent, if the requirements are met.
Although the Green Patents Program offers great advantages, the classification and monitoring process is not simple. Drafting a green patent requires a multidisciplinary approach that combines Intellectual Property Law and Engineering. It is necessary to understand the INPI’s technical requirements, prepare adequate documentation, and monitor the process to ensure that priority examination is effectively granted.
A poorly formulated application can remove the application from the priority queue, returning it to the regular queue with years of waiting, or even result in patent refusal. For this reason, having the guidance of a specialized firm such as Ricci Intellectual Property increases the chances of success and ensures that the company can fully benefit from the advantages of green patents.
Why invest in green patents
Green patents represent a unique opportunity to align innovation, sustainability, and competitive advantage. By granting priority examination to this type of technology, the INPI contributes to bringing environmental solutions to market faster, encouraging investments and strengthening sustainable innovation in Brazil.
For companies, inventors, and research centers, seeking protection for their creations under this regime is more than a matter of environmental responsibility: it is a smart strategy to achieve exclusivity, attract investors, and consolidate market position.
Having adequate legal guidance is essential to ensure that this process is conducted correctly and effectively. The team at Ricci Intellectual Property is prepared to provide support from the initial analysis to the granting of the patent, ensuring that each green innovation also becomes a valuable asset for the future of business.
