The Brazilian PTO published this week new statistics regarding the results of the backlog combat plan, announced and implemented in 2019.


According to official data, the PTO reduced the average prosecution time for patent applications from 10 to 9.3 years. Areas like biotech and polymers, which had an average prosecution time of 11.14 and 10.39 years in 2018, ended 2019 with less than 10 years until a final decision. This is an important milestone. Means good news for cases where the Applicants are interested in expediting prosecution, but also changes important aspects of the strategy when prosecuting an application in Brazil, as more and more patents will be granted with a term of protection of 20 years from filing – and not 10 years from grant.


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