Law No. 9,478, dated June 8, 1997, establishes for the Brazilian Petroleum Agency (ANP) the attribution of stimulating research in the sector.


In view of this, the agreements between the Agency and the Oil Companies for exploration, development and production of oil and natural gas have Research, Development and Innovation clauses that establish the obligation for the companies to invest a percentage of gross production revenue in R&D.


For concession agreements, this obligation exists for fields with high productivity or profitability, and is equivalent to 1% of gross revenue from oil, natural gas and other hydrocarbons production. Part of the expenses of this mandatory investment can be allocated in Intellectual Property matters (payment of services, fees and maintenance, in Brazil and  abroad), according to items 4.20 and 4.21 of Technical Regulation No. 3/2015.


Bill 5,811/16 aims amending Law No. 9,478 in that half of the 1% of gross revenue should go to research in renewable sources of energy.


That fits perfectly the Green Patent Project, in which the Brazilian PTO offers a fast track for prosecution of patents considered “green”.


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