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Green Patent in Brazil

Green Patent

Created in April 2012, this expedited examination aims to encourage sustainable innovation and to reduce environmental impacts.

The first phase of the program was restricted to Invention patents only; in the second phase all Brazilian direct filings were accepted, including Utility Model Patents. In the third phase, starting on 07/15/2014, the applications filed via the Patent Cooperation Treaty (PCT) in Brazil were also accepted.

What are the requirements?

  • Technology should fit one of the green technologies, click here to see the complete list;
  • Payment of the Technical Examination fee;
  • Payment the Annual fees (due up to the Green Patent request);
  • Application should be published (it is possible to pay the anticipated publication fee);
  • Payment the Government fees related to the Green Patent program (BRL 890 for corporate / BRL 356 for individual);
  • Statement concerning negative access to the National Heritage (or Authorized Access Number CGEN to the National Heritage).
  • Maximum of 15 claims in total;
  • Maximum of 3 independent claims.

National Institute of Industrial Property (INI-BR) granted the first Green Patent in Brazil on March 12th, 2013. Owned by the company Solum Ambiental with Head Office at São José dos Campos city, the patent was drafted and filed by VLG Brazil Intellectual Property, which also proceeded with the amendments in order to fit the application to the Green Patents program requirements above-mentioned. The granting of the patent was published in the Industrial Property Official Gazette (RPI) in a record time: only nine months after the Green Patent request was filed.

According to the patent description, its function is to reduce the environmental impact in the solid waste treatment process and to generate electricity. Mr. Namura and Mr. Alberto, partners of Solum Ambiental, recognized the importance of having a patent granted in a short period of time. According to Mr. Alberto, having a patent granted in a period much shorter than the current one encourages them to continue their projects for innovative products. On Mr. Namura’s opinion, having a patent granted is a way of proving the innovation and a contribution to the environment, letting a new world for future generations.

The Green Patents program aims to reduce the time frame of analyzes, which is usually between 6 and 10 years. The program committee only examines patent applications in the following categories: alternative energy, transportation, energy conservation, waste management, and sustainable agriculture.

Would you like to learn more about this issue? Contact us at brazil@vlgbrazil.com.

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