New Fee Schedule For BPTO Services
The new fee schedule for services provided by the Brazilian Patent and Trademark Office (BPTO) has been published. According to the agency, the average adjustment was 24.1%, and most of the new values will come into effect on August 7, except for specific services.
The table expanded the agency’s discount policy, including exemptions for persons with disabilities and low-income individuals. On the other hand, only natural persons who are not partners in a company will continue to benefit from the discount previously assured to them.
Patents, Industrial Designs and Computer Programs
The new table does not affect the service flow in these areas, limiting the impact to the financial sphere. In addition to various adjustments, services that were previously exempt will now be subject to fees, such as responding to formal office actions and submitting third-party observations (TPOs).
We also highlight the exemption from the issuance fee for letters patent for invention patents, utility model patents, and certificates of addition of invention, effective as of December 20.
The trademark registration process will be substantially impacted by the new fee schedule. The first changes will take effect on August 7, with the implementation of the readjustment and the creation of a priority processing mechanism. The BPTO will also publish a normative act determining the cases eligible for priority processing.
On September 20th, the official fees related to the filing of the application and the grant of the registration will be unified. Although this aims to streamline the procedure, the measure is controversial as it makes the filing act more expensive due to the advanced collection of a service whose execution by the Brazilian Patent and Trademark Office (BPTO) is uncertain.
Finally, on December 20, a simplified opposition procedure and the possibility of requesting the recognition of secondary meaning before the BPTO will be made available. These measures also require regulation by the agency, which is expected to occur in the coming months.
- Final Considerations
- We have been closely monitoring the discussions surrounding the fee readjustments and newly introduced services, both within Brazilian IP associations and at the Brazilian Patent and Trademark Office (BPTO). We remain vigilant to ensure that these changes do not negatively impact our clients’ interests.
As always, we are available to explore the risks and opportunities these developments may bring to your intangible asset portfolios. You can count on us!