The Green Patents Program was created to encourage the development of sustainable technologies by accelerating the examination of certain patent applications. However, eligibility for the Program is not automatic. To be admitted, the application must meet the requirements established by Brazilian Patent and Trademark Office (BPTO)’s Ordinance No. 79/2022 and be the subject of a request for participation in the Program.
Understanding these requirements is essential for inventors, companies, and research institutions to assess, from the outset, the feasibility of submitting such a request.
Who may apply?
The Green Patents Program covers both Invention Patents (PI) and Utility Models (MU). In addition, the patent application must have already been published in the Industrial Property Gazette (RPI) or be accompanied by a request for early publication. It is also necessary that the request for substantive examination has already been filed and that the examination has not yet commenced before the BPTO.
The applicable regulation also establishes a limit of fifteen claims, of which up to three may be independent, and requires that the technology be classified under one of the categories covered by the International Patent Classification (IPC) Green Inventory, which includes fields such as alternative energy, transportation, energy conservation, waste management, and sustainable agriculture. Where the applicant is domiciled abroad, a Brazilian representative must also be appointed to act on its behalf before the BPTO.
How does the procedure work?
Applications for admission are submitted electronically through the BPTO’s e-Patentes system.
After the patent application has been filed and published, and once the request for substantive examination has been submitted, the applicant may request participation in the Green Patents Program by completing the appropriate form and paying the applicable official fee. If the request is accepted, the application will proceed under a priority examination until the conclusion of the substantive examination.
What are the benefits?
The main benefit of the Program is the shorter time required to obtain a decision from the BPTO.
However, the benefits extend beyond administrative efficiency. A patent granted more quickly may strengthen a company’s intellectual property strategy, provide greater legal certainty for investments, facilitate licensing and technology transfer negotiations, and enhance the value of the organization’s intangible assets.
For companies operating in innovation-intensive sectors, obtaining a patent more quickly may also represent a significant competitive advantage, particularly in industries where time to market is a strategic consideration. Before requesting qualification under the Green Patents Program, it is advisable to assess whether the technology effectively meets the criteria established by the BPTO and whether this strategy is aligned with the company’s business objectives.