Court order imposes the release of funds by the Federal Government to expedite the analysis of patents

In a decision delivered on 04/12/2022, a Rio de Janeiro Federal Court sentenced the Federal Government to allocate to the INPI (National Industrial Property Institute) the revenues required for the improvement plan of the body’s activities, which will be submitted by INPI within 90 days, as from the notification.

Such decision results from the Public Interest Civil Action filed by the Brazilian Intellectual Property Association (ABPI), upon severe cuts in the autonomous agency’s budget, which would result in even greater delays in the analysis of brands and patents applications in the country, considering that, in the case of patents, the average wait time is 7 years, while in the USA and European Union, it takes only 2 and half years, on average, for the analysis and grant.

Despite not fully meeting the ABPI request, whose goal was the INPI’s administrative and financial autonomy statement, so it could make full use of its revenues to invest in itself, the decision is a great step for the INPI to provide proper service to society.

Written by Luane Nascimento and Fernando Borges

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