IPL Art. 33
A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. The request for examination is subject to the payment of a fee using the Office’s electronic payment system. The amount of the fee is indicated in Annex BR.I.
Ord. 54/21
An applicant may request prioritized examination of an application through the Office’s electronic system where:
(i) the applicant is over sixty years of age;
追加手数料は不要である。
(ii) the applicant is handicapped;
追加手数料は不要である。
(iii) the applicant has a serious illness;
追加手数料は不要である。
(iv) grant of the patent is a condition for obtaining funding;
(v) claims in the application may be infringed;
(vi) a third party is being accused of infringing the application;
(vii) claims in the application may infringe a granted patent;
(viii) the applicant is an individual micro-entrepreneur (MEI), a microenterprise (ME) or a small business (EPP);
(ix) the applicant is a scientific, technological and innovation institution (ICTs);
(x) the applicant is a startup;
(xi) the claimed matter concerns green technologies;
(xii) the claimed matter concerns technology for health treatment;
(xiii) the claimed matter concerns technology for COVID-19 treatment;
(xiv) the claimed matter concerns technology requested by the Ministry of Health;
(xv) the claimed matter concerns technology of public interest of national emergency; or
(xvi) the claimed matter has the protection initially required in Brazil.
The amount of the fee is indicated as “fee for prioritized strategic examination” in Annex BR.I.
Ord. 55/21
The applicant of a patent application granted by any Patent Office responsible for examining patent applications with which the INPI has a PPH cooperation instrument signed and in force may request prioritized examination of a patent application in the same family through the Office’s electronic system.
The amount of the fee is indicated as “fee for prioritized collaborative examination” in Annex BR.I.