Measures established to create a simplified system for trademark and patent protection for startups

The Committee for the Management of the National Network for the Simplification of Registration and Legalization of Companies and Businesses (CGSIM) published Resolution No. 55 of March 23, 2020, which provides for the special and simplified procedure for the Simple Innovation Company (Inova Simples), instituted by Complementary Law No. 167, of April 24, 2019.

Resolution No. 55 defines a fast track process for the opening, amendment and closing of companies under the Inova Simples regime, in a simplified and automatic way for companies that declare themselves as startups or innovation companies.

According to the rules in force, startups are innovative companies that aim to improve systems, methods or business models, production, services or products.

Due to the specific nature of this request, Complementary Law No. 167/2019 created a simplified filing procedure for trademarks and patents by startups, in order to encourage their consolidation as agents that drive technological advances and the generation of jobs and income in Brazil. Therefore, this complementary law determined the creation of a field or icon, on the Redesim1 platform, to allow the automatic communication to the Brazilian Patent and Trademark Office (BPTO) of the inventive content within the scope of the business initiative, if applicable, for filing of trademarks and patents for startups. The law also provided for the creation of a mechanism that concatenates from the receipt of data to the fast track processing of trademark and patent applications from Inova Simples companies.

Through this recent Resolution No. 55/2020, CGSIM created additional provisions on this simplified procedure, establishing that the National Platform of Redesim must maintain a link to access the solution provided by the BPTO so that users can file trademarks and patents, thus supplementing Complementary Law No. 167/2019.

The fast track for the trademarks and patents filing of the Simple Innovation Companies is still pending regulation by the BPTO, but the advancement of the CGSIM rules in this direction (such as Resolution No. 55/2020), is certainly a favorable sign towards stimulating activities of startups and innovation in Brazil. It will be necessary to follow up with further steps to be adopted by the BPTO in view of the regulation of the Industrial Property Law.

Our Intellectual Property and Innovation team is entirely available to answer questions on the topic and provide guidance on how to protect your trademarks, patents and other industrial and intellectual property assets.

1 Redesim is the National Network for the Simplification of Registration and Legalization of Companies and Business