Brazilian Patent and Trademark Office (BPTO) implements electronic system for software registration
On September 12, 2017, a new system for computer program registration, fully operated through the internet, will be launched.
The new system, regulated by Ruling no.74/2017, is yet another BPTO project designed to optimize its processes.
Following implementation of the electronic software registration system, the BPTO verified a significant drop in the registration period, from nearly 100 days in 2016, to just 7. Further, the number of pending applications dropped from five thousand in 2016 to two thousand in 2017. The BPTO set the target of zeroing pending applications by the end of this year.
The official fees are uniform to any user intending to register software, and are set at R$ 185.00.
Consequently, the registration process through paper or with software source code on a CD-ROM is extinguished.
The user will undertake the entire process through the internet supplying a hash code, which may be generated online by the applicant. The hash consists of the guarantee that such application corresponds to the registered computer program.
Another guarantee implemented for better operation of the electronic system is that the generated document will have the digital signature of the applicant or his/her attorney in fact. The digital signature assures that the application was actually filed by the user that signs the registration application with the BPTO.
With such measure, the BPTO is falling in line with the new global trend through entirely online, intelligent and secure procedures.
We remind that pursuant to Law 9.609/98, the protection of rights related to computer programs is granted for a period of 50 years, counted as from January 1st of the year following the year of its publication or, in its absence, the year of its creation. Thus, the software registration is extinct when the period is over.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.