“Promoting Green Technologies: Brazil’s National Institute of Industrial Property’s Efforts to Improve Operational Efficiency and Reduce Patent Backlog”

Revolutionizing Patent Processing: Brazil’s Green Patents Program

Over the past decade, Brazil’s National Institute of Industrial Property (INPI) has been striving to improve its operational efficiency and reduce its chronic backlog in processing patent applications. The institute has also been promoting the commercialization of environmentally sound technologies, aligning with Brazil’s national and international commitments. In 2012, INPI launched its “Green Patents” program, a fast-track patenting procedure for green technologies. The program was fully integrated into INPI’s service offering in 2016 and further upgraded in 2020, making Brazil the first emerging economy to introduce such a program.

Brazil’s Renewable Energy Landscape

Brazil is among the world’s top producers of renewable energy, with over 80 percent of its electricity coming from renewable sources. By 2029, energy demand is expected to rise by 20 percent, with the installed capacity for wind and solar energy projected to increase from 176 gigawatts (GW) in 2019 to 251 GW in 2029. These figures indicate opportunities for business development and growth within Brazil’s dynamic and rapidly evolving green technology sector. INPI’s green patents program is helping to address Brazil’s patent backlog and support national renewable energy targets by promoting the commercialization of environmentally sensitive technologies.

INPI’s Role in Promoting Innovation

Like other intellectual property (IP) offices worldwide, INPI plays a crucial role in supporting the development and commercialization of innovative technologies, including environmentally sound technologies. Innovation and the research and development that underpin it are costly and risky enterprises. IP rights, and patents in particular, provide assurances that innovators can protect their R&D results, secure a return on investment, and build their businesses. Patent rights granted by national IP offices like INPI protect cutting-edge technologies and confer certain exclusive rights on the patent holder for up to 20 years.

Addressing the Patent Backlog Challenge

Many IP offices worldwide face severe backlogs in unexamined patent applications, largely due to the rising volume of patent applications filed globally. According to a 2015 report by INPI, patent filings in Brazil increased by 71 percent in the first decade of the century. This high growth, coupled with operational challenges and a complex IP regulatory environment, resulted in a significant backlog in unexamined patent applications in Brazil. In 2018, some 207,195 patent applications were pending examination, and the processing of a patent application took, on average, just over 10 years.

INPI’s Proactive Approach

INPI has taken several concrete steps to tackle its backlog in unexamined applications. These include optimizing working arrangements, streamlining workflows and processes through various automation initiatives, and enhancing international cooperation. The accelerated patent examination procedure launched under INPI’s Green Patents program is a key part of this drive.

Evolution of INPI’s Green Patent Program

In April 2012, INPI began piloting its Green Patents Program, which provided for accelerated examination for environmentally sound technology-related patent applications. Riding on the pilot’s success, by December 2016, INPI converted its program into a fully-fledged service. The service was upgraded further in July 2020 and now includes applications relating to sustainable agriculture.

Impressive Results

Since its launch in 2012, nearly 870 patent applications have been filed under INPI’s Green Patent Service. Brazilian applicants, including local affiliates of foreign companies, are the biggest users of INPI’s Green Patent Service. Most applications have been filed by private companies and individuals, with the largest number of them relating to the field of chemistry.

Green Patents Service in Practice

In my professional practice, several of my clients have used the new accelerated patenting system. For example, the Brazilian company Manancial Projetos e Consultoria Ambiental obtained its patent in 2014, less than 2 years after the inventor developed a process for environmental recovery in regions affected by mining. Another company, New Steel, gained two patents within four and three years respectively, for their environmentally friendly treatment of iron ore residues.

Both companies noted that, beyond the direct benefits of the accelerated process, the “green patent” label it conferred provided additional recognition of the market value of their technologies and their effectiveness. This was a great help when seeking to attract customers and investors.