BIO Latin America: Brazil and US urged to solve biotech patent delay
The US’s consul general in Rio de Janeiro has urged the US and Brazilian governments to work together to tackle the long delay in biotechnology-related patents being granted at Brazil’s intellectual property office (INPI).
Speaking at the BIO Latin America conference, a two-day industry event hosted by the Biotechnology Industry Organization (BIO), James Story said Brazil was one of the main areas the US has focused on but that the patent backlog has posed a “serious challenge”.
“There are many parallels between the US and Brazil,” he said, not least their large size and varied biodiversity.
“Brazil has taken a gamble on innovation,” he said, adding that it was fast becoming a “profitable area for investment”
The talk was part of a discussion on strengthening the relationship between the US and Brazil on biotechnology matters.
Asked what the differences were between the US and Brazil and how Brazil could improve, or learn from the US government, Story was quick to express fears about the backlog of patent applications at the INPI.
Currently the INPI takes between 11 and 14 years when granting patent applications. It has around 200 patent examiners, compared to around 800 at the US Patent and Trademark Office.
“This backlog can’t help. It creates a great challenge for companies looking to invest. If you can’t protect your investment that’s a huge challenge,” he said.
A Patent Prosecution Highway (PPH) could help solve this problem, he added.
PPHs allow patent applicants to request accelerated examination of a patent at any office involved in the scheme provided its claims have been previously deemed acceptable by another participating office.
Last year, a global PPH was launched, designed to simplify the usual system of several bilateral agreements.
Currently 21 IP offices, though not the INPI, are participating in the PPH.
“If our two governments can work together, which I hope they can, this is where we could see a big impact,” Story said.
He added: “We need to make the patent system more efficient. Discussions like these help us. We can go back to our respective governments and say this is the area where we need help.”
The BIO Latin America conference is taking place at the Sheraton Rio Hotel & Resort from October 14 to 16.
