Innovation plays an increasingly important role in the search for solutions capable of reducing environmental impacts and promoting the more efficient use of natural resources. From clean energy generation to the development of new industrial processes, sustainable technologies are transforming various sectors of the economy and creating opportunities for companies, universities, and research institutions
In this context, intellectual property becomes an essential instrument for protecting these innovations and encouraging further investment. With this objective, the Brazilian Patent and Trademark Office (BPTO) established the Green Patents Program, a mechanism that grants priority examination to certain patent applications related to environmentally sustainable technologies.
While a patent application usually takes several years to be examined, qualifying for the Green Patents Program may significantly reduce this timeframe, allowing the technology to be protected and commercially exploited more rapidly.
What is a green patent?
Although the term is widely used, there is no specific category of “green patent” under Brazilian industrial property law. In practice, it refers to a patent application that, by meeting the criteria established by the BPTO, becomes eligible for a prioritized examination. The legal requirements for obtaining a patent remain exactly the same: the invention must be novel, involve an inventive step, and be capable of industrial application.
The distinguishing feature of the program lies exclusively in the priority granted to the substantive examination, reducing the time required for the patent application to be examined. The initiative is aligned with the United Nations (UN) Sustainable Development Goals (SDGs) and is based on the International Patent Classification (IPC) Green Inventory, developed by the World Intellectual Property Organization (WIPO).
Which technologies may qualify?
The Green Patents Program covers different areas of innovation aimed at sustainability. Eligible technologies may include solutions related to renewable energy generation, such as solar energy, wind energy, biomass, green hydrogen, and biofuels. The program may also encompass inventions related to sustainable transportation, including electric vehicles, hybrid systems, and technologies designed to reduce greenhouse gas emissions.
The program also covers solutions focused on energy efficiency, such as industrial processes with lower energy consumption, thermal insulation materials, and more efficient buildings, as well as technologies related to waste management, recycling, wastewater treatment, environmental sanitation, and the restoration of degraded areas. In agriculture, eligible technologies may include, for example, intelligent irrigation systems, reforestation techniques, and other solutions intended to promote the more sustainable use of natural resources.
However, the mere existence of an environmental benefit does not automatically qualify a technology for the program. Each application is individually examined by the BPTO to verify whether it meets the criteria established under the program.
Why is priority examination important?
In an increasingly competitive business environment, the time required to obtain a patent can have a direct impact on a company’s innovation strategy.
Obtaining a patent more quickly provides greater legal certainty for investments, facilitates licensing and technology transfer negotiations, strengthens the organization’s portfolio of intangible assets, and may represent an important competitive advantage in the marketplace. For companies developing sustainable technologies, the Green Patents Program therefore constitutes an important instrument for accelerating the protection of innovation and expanding opportunities for the commercial exploitation of the technology.
In the next article, we will explain the requirements for participating in the program, how to request priority examination before the BPTO, and the benefits that may be obtained through this procedure.