Latin America

New measures adopted by the Brazilian Patent Office in order to accelerate prosecution of patent applications

Posted on 23/06/2017 by balder


We are pleased to briefly inform you on the recent measures adopted by the BRPTO in an attempt to expedite prosecution of patent applications:

  • According to Rule No. 193/2017 on the “expedited examination of patent applications filed as entry into national phase of PCT applications” published on June 13, 2017, the BRPTO will make use of search reports issued by International Search Authorities (ISA) and International Preliminary Examining Authorities (IPEA) for the examination of applications filed as entry into national phase of PCT applications and no supplementary search will be carried out by the own BRPTO. This new Rule will be effective as of August 14, 2017 and shall not apply for applications for which technical examination has already started, applications against which third party observations have been filed, applications being prosecuted under PPH program and applications under appeal.

    In view of the above, we suggest voluntary submission of available search reports in case you wish to expedite prosecution of your patent applications.

  • Following the Instruction No. 2/2017 on the ”automatic admissibility of PCT national phase applications” published on June 6, 2017, PCT applications entered into national phase in Brazil between January 1, 2013 and December 31, 2016 shall be automatically admitted for further prosecution by the BRPTO. Those applications filed as of January 1, 2017 will proceed under regular admissibility examination with the compromise by the BRPTO to complete same within 120 days. In case that formal deficiencies are found, the applicant will be requested to solve same upon official request.

  • In light of the agreement reached between the BRPTO and the National Health Surveillance Agency (ANVISA) on April 12, 2017, ANVISA will just analyze patent applications for its “prior consent” as per the impact of same on public health whereas the BRPTO will be the only organism competent to examine patent applications regarding patentability requirements.

  • In accordance with the Normative Instruction No. 70 issued on April 11, 2017 by the BRPTO, IP licenses and transfer of technology agreements will be recorded by the BRPTO following a mere formal examination, being no longer examined if same comply with the national tax and fiscal requirements.

  • Finally, the BRPTO has announced that 70 new patent and trademark examiners have been recruited.

Needless to say, should you require any further information, please merely let us know.