Challenges to investment
During the 2000s, patent filings in Brazil surged by 71%, nearly 80% higher than other Latin American nations and 35% above the global average. This rapid increase, combined with operational hurdles and a complex intellectual property (IP) regulation, caused a significant backlog of unexamined patent applications. Lengthy processing delays created legal uncertainty for applicants, hindered entrepreneurs' ability to commercialize and license technologies, and prevented them from securing returns on their investments. For clean energy in particular, the delays impeded funding for R&D activities, the promotion of eco-friendly innovation, and start-up’s ability to raise private capital and disseminate clean technologies.
Approach
On 17 April 2012 (by Resolution 283/2012), Brazil's National Institute of Industrial Property (INPI) launched the Green Patents program as a pilot program to fast-track patent applications related to environmentally beneficial technologies. By expediting the examination of patent applications, the program aimed to foster an eco-friendly innovation and licensing environment. Eligible green technologies covered five encompassing categories such as alternative energy, transportation, energy conservation, waste management, and agriculture. The program progressed through three phases and one extension, with Resolution 175/2016 permanently establishing the program as of 6 December 2016. The INPI also expanded the program to include both national and international applications without filing date restrictions.
The Green Patents program offered three distinct advantages: flexibility, reduced costs, and prioritization. The program allowed applicants to request participation at any stage of the patent application process, including during the appeal stage. Additionally, the program entailed lower official fees compared to other requests, reducing costs significantly. While obtaining Green Patents status didn't guarantee application approval, it did prioritize examination, expediting approval timelines. Despite the benefits of the Green Patents program, applicants did have to pay an additional fee to expedite their patent examination, as well as file additional documents to request the green technology designation. To resolve these issues, the program was further upgraded in 2020 through INPI/PR Regulation No. 247, which covered not only the anticipation of examinations, but all activities of the patent procedure.
Key Enabling Conditions
Besides the direct benefits of the accelerated process, the issued Green Patent label provided additional recognition to market participants and effectiveness of the technologies, aiding in attracting customers and investors. Moreover, the development and permanent introduction of the Green Patent program ensured long-term planning safety and reduced uncertainty, enabling companies to leverage their innovations more effectively.
Impact / Outcomes
Over the first four years after its launch, the Green Patents program received more than 400 patent applications, such as mechanical, chemical and industrial engineering and process improvements related to clean energy. With thousands of applications through March 2024, the program had already filed around 870 patent applications by April 2020. Over 2022-23, the average time from the request for participation to the issuance of a decision was about nine months, compared to three years and seven months for a regular patent application. Despite its success, the program remained relatively unknown to international applicants, with over 70% of participants being Brazilian, followed by American (7%) and Chinese (2%).
Additional Sources
- Dechezleprêtre, A. (2013); Fast-tracking Green Patent Applications: An Empirical Analysis; ICTSD Program on Innovation, Technology and Intellectual Property; Issue Paper No. 37; International Centre for Trade and Sustainable Development, Geneva, Switzerland, https://www.files.ethz.ch/isn/161230/fast-tracking-green-patent-applications-an-empirical-analysis.pdf
- Paula Gomes Pinto, A. (2020). IP Regulations and Environmental Agreements: An Overview of the Brazilian Green Patents Service. In O. M. D. C., & O. M. D. L. P. I. (Eds.), Research Papers from the 2019 WIPO-WTO Colloquium for Teachers of Intellectual Property Law (pp. 29-44). World Trade Organization (WTO), https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2019/chapter_3_2019_e.pdf
- https://www.lickslegal.com/articles/green-patents-encouraging-sustainable-innovation-in-brazil
- https://www.linkedin.com/pulse/fast-track-patent-grant-procedure-green-technologies-brazil-magda/
- https://www.mondaq.com/brazil/patent/1455036/patents-in-the-field-of-green-technologies
- https://patentblog.kluweriplaw.com/2024/04/15/green-patents-encouraging-sustainable-innovation-in-brazil/#:~:text=The%20BRPTO's%20Green%20Patents%20Program,in%20these%20first%20four%20years
- https://www3.wipo.int/wipogreen/en/news/2021/news_0016.html