The Brazilian Patent and Trademark Office (BPTO) is facing pivotal transformation. As artificial intelligence (AI) tools become increasingly integrated into administrative and legal processes, the role of the examiner – historically rooted in technical and legal analysis – is evolving. Rather than replacing human professionals, AI is emerging as a partner, reshaping how intellectual property (IP) rights are examined and protected in Brazil.
The BPTO receives thousands of new filings every year across patents, trademarks, and industrial designs. Despite significant modernization efforts, the volume of cases still imposes a heavy workload on examiners. In this scenario, automation and machine learning appear as natural allies – capable of handling repetitive, time-consuming tasks so that human professionals can focus on the complex interpretative aspects of IP protection.
AI systems can be trained to search vast databases of prior rights and technical documents, accelerating tasks such as : (i) similarity searches for trademarks ; (ii) prior-art detection for patents, and (iii) classification of applications by subject matter or Nice classes.
Natural language processing and machine learning algorithms can assist in comparing documents, identifying relevant precedents, and even suggesting draft examination reports. This creates a new model of “augmented examiner“: a professional who supervises, interprets, and refines AI-generated insights rather than starting each analysis from scratch.
While AI can enhance efficiency, it cannot replicate human judgment. Patent and trademark examination involves the interpretation of legal nuances, market realities, and the specificities of language and consumer perception – dimensions where experience and critical thinking are essential.
The examiner of the future will need not only legal and technical expertise but also AI literacy : the ability to use, evaluate, and question algorithmic results responsibly.
Integrating AI into public administration brings several challenges:
- data quality and transparency: reliable and well-structured databases are essential to train trustworthy models ;
- bias and fairness: AI must be constantly supervised to prevent reproducing discriminatory or inconsistent outcomes.
- Cultural adaptation: resistance to technological change within institutions is natural, and capacity-building programs are crucial.
- Technological infrastructure: implementing AI at scale requires investment, interoperability, and cybersecurity.
Addressing these factors will determine whether the BPTO can fully benefit from AI while maintaining the integrity of its examination process.
Far from being a threat, artificial intelligence offers an opportunity to position Brazil as a reference in IP modernization.
By investing in training, technology, and collaboration with academic and private partners, the BPTO can achieve greater efficiency and transparency, reducing backlogs and ensuring faster protection for innovators.
The future of IP examination is hybrid. AI can automate what is repetitive, but only humans can interpret, contextualize and decide. The examiner’s role will evolve, but its importance will remain.
For companies and creators, this transformation highlights the need for specialized legal guidance capable of navigating the intersection between technology and intellectual property. As innovation accelerates, understanding how these tools impact protection strategies becomes not only advantageous but essential.
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Author: Marília de Oliveira Fogaça, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados.
Source: O futuro do trabalho no INPI: o examinador na era da inteligência artificial + https://www.jota.info/opiniao-e-analise/artigos/o-futuro-do-trabalho-no-inpi-o-examinador-na-era-da-inteligencia-artificial
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”