Latin America

New measures adapted by the Brazilian Patent Office to reduce the backlog of pending patent applications

Posted on 12/04/2021 by Jens Christian Jahnke


In accordance with Ordinance 21/2021 published by the Brazilian Patent Office on March 30, 2021, the previously applied program for expedited examination of patent applications by the issuance of preliminary office actions will also be applied now for pending patent applications filed in Brazil having an effective filing date from January 1, 2017 to December 31, 2017.

According to same, the BRPTO will make use of available search reports issued by foreign Patent Offices on counterparts applications for the examination of patent applications filed in Brazil in 2017 and no supplementary search will be carried out by the own BRPTO. Thus, a preliminary office action based on the results of the search carried out by a foreign patent office shall be issued by the BRPTO being the applicant requested to submit comments and/or amendments in light of same within a 90-days term. Submission of a reply is compulsory since otherwise the application shall be regarded as abandoned. Depending on the examiner´s criteria, a final technical office action could be issued subsequently fixing a new term in which to meet patentability requirements.

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