House of Representatives Committee approves PL 2334/2019, which allows BPTO to enter into partnerships for patent examination and granting

On August 21, 2019, Bill of Law No. 2334/2019 (“PL 2334/2019”), authored by Deputy Marcos Pereira, was approved by the Committee on Economic Development, Industry, Commerce and Services of the House of Representatives.

The purpose of the PL is to amend Law 9,279/1996 (Industrial Property Law – “LPI”), which regulates the rights and obligations related to Industrial Property, adding two clauses to Article 239 of LPI, in order to allow agreements and partnerships to be entered into for the development of actions and projects.

In order to assist in the analysis and granting of patents, PL 2334/2019 establishes that the Brazilian Patent and Trademark Office (“BPTO”) should enter into partnerships and qualify external professionals, taking into consideration the average patent granting term is 11 years.

Congressman Vinícius Carvalho, rapporteur of the case, stressed that such partnerships would act in two ways:

1. They would improve the applications filed, reducing the number of errors and, therefore, reduce the rework and processing volume; and

2. The BPTO partners could instruct non-exclusive acts of the entity in order to accelerate stages of the analysis of applications.

With the approval of the Committee on Economic Development, Industry, Commerce and Services, PL 2334/2019 now goes to the Committee on the Constitution, Justice and Citizenship.

Our Intellectual Property and Innovation team is available to provide any clarification on this matter.