Brazilian PTO creates a “COVID-19 Technologies Observatory” and amends resolution that deals with priority processing of patent applications

In light of the worldwide crisis brought on by COVID-19, the Brazilian Patent and Trademark Office (INPI - Instituto Nacional da Propriedade Industrial) has launched a project called "COVID-19 Technologies Observatory", which brings together and discloses information on technologies that can contribute to solutions to the pandemic.  

The COVID-19 Technologies Observatory platform is updated regularly with information from around the world on the development of vaccines, medications, health equipment, diagnostic tests and other technologies, and also contains studies carried out by the INPI. The first two studies relate to the landscapes of patent applications and registrations before INPI that describe (i) methods for diagnosing coronavirus and other respiratory viruses and (ii) lung ventilators.

Additionally, INPI has amended its resolution that deals with priority processing of patent applications (Resolution No. 239) in light of the COVID-19 pandemic. According to Directive 149/2020, published on April 7, 2020, patent applications dealing with technology related to COVID-19, namely technologies for vaccines, medications, diagnostic methods, or other pharmaceutical or health-related products, processes or equipment that could contribute to fighting the new coronavirus, may have a "fast-track processing".

The priority processing may be granted at the request of the applicant or any interested third party. The request may be filed until June 30, 2021 and, if granted, the patent application will be examined on a priority basis. Such expedite proceedings were already available for other health related technologies and green technologies and can sharply reduce the time for a final decision on the patent application, from years to months.

This text belongs to BMA's Newsletter called: "COVID-19 and its impacts on Intellectual Property and Data Protection".

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