GREEN PATENTS: A SUSTAINABLE AND INNOVATIVE SOLUTION IN THE BRAZILIAN INTELLECTUAL PROPERTY CURRENT SETTING

Green patents are emerging as one of the leading intellectual property trends for 2024, representing an innovative and crucial response to contemporary challenges related to environmental preservation and sustainable development.

This sort of patents are exclusive rights granted to inventors or owners of innovative creations that significantly contribute to the preservation of the environment and sustainable development. What is new is the fact that green patents will be primarily analyzed by the Brazilian National Institute of Intellectual Property (INPI).

The Green Patent Program was developed by the INPI aiming to enable companies to use sustainable technologies in their projects, following what was established in Federal Resolution 283/2012. In this context, green technology is defined as every technology that uses sustainable sources in an appropriate way and does not have a negative impact on the environment.

In order to join the program, the owners of the inventions to be patented must pay a specific registration fee and provide the required data to complete the patent application form through which INPI will assess which category the application falls into to include the technology and its owner as members of the Green Patent Program.

Unlike traditional patents, the criteria for approval here are not just novelty, inventiveness and industrial application. The main criterion is that the innovation must have a positive and measurable impact on the environment, helping to build a more sustainable future. They must also be linked to technologies and practices that promote sustainability, covering areas such as renewable energies, sustainable transportation, energy conservation, waste management and sustainable agriculture.

The process of obtaining a regular patent can be a long journey, often lasting longer than a decade. However, green patents are redefining this procedure by speeding up the time it takes to obtain a patent by 90%. The substantial reduction in granting time not only benefits patent holders, but also the scientific community and society in general, as innovations reach the market more quickly, providing positive impacts in a short period of time.

In order to evaluate these types of patents, the INPI will create, in 2024, a sustainability and biotechnology commission, which will work, among other things, especially with green patents.

Encouraging industrial property through incentives such as these not only speeds up the spreading of ideas, but also creates an environment of new solutions, significantly boosting sustainable innovation. This approach reflects not only the need for environment-friendly solutions, but also the search for a more efficient and faster process for granting these important intellectual property rights.

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