We have mentioned earlier that patent applications related to products or processes used in the healthcare field for the diagnosis, prophylaxis and treatment of certain diseases may have their examination prioritized/accelerated in Brazil (click here to read the full article).
The new information is the inclusion of Covid-19 in the list of diseases that will be considered for the priority examination of a patent application. In other words, any patent application directed to products or processes related to fighting against the new coronavirus may have its process accelerated by the Brazilian Patent and Trademark Office – BPTO.
However there is a difference when it comes to the other diseases already included in the BPTO list: in the case of Covid-19, requests for priority examination must be filed until June 30, 2021; for other diseases there is no deadline.
Another point to be highlighted is that the patent application does not need, in a explicitly way, to mention the new coronavirus, it suffice the requirement that the invention has some relationship with the virus or it can be used in the combat, treatment and prophylaxis of this and other diseases.
This means that patent applications filed before the Covid-19 pandemic dealing with technologies that may eventually be used for this disease also have the possibility of having their examination prioritized.
As highlighted by the BTPO itself, these are just a few examples of technologies that could have their examination accelerated:
– instruments used for medical examinations;
– artificial respiration;
– devices for administering medications;
– methods or apparatus for sterilizing materials or objects in general;
– air disinfection or sterilization;
– preparations for medical purposes;
– personal protective equipment (PPE);
– containers, lids, furniture or supports specially adapted for surgical or diagnostic devices or instruments;
– personal vehicle or accommodation specially adapted for patients;
– specific use of cosmetics or similar preparations for personal hygiene, etc.
(Source: www.gov.br/inpi/pt-br/servicos/patentes/tramite-prioritario)
If you believe that your invention is related to these or other technologies that could be used in the diagnosis, prophylaxis and treatment of Covid-19, please contact us using our contact form so that we can evaluate your patent application and make the required recommendations.
