Tuesday, July 13 2021   \  Published by Lexology.

Project to reform the Brazilian Industrial Property Law: will it be possible to amend a patent application after filing?

Project to reform the Brazilian Industrial Property Law: will it be possible to amend a patent application after filing?

On 2 July 2021, the Chamber of Deputies of the Brazilian National Congress approved Bill No. 10.920/18 in relation to article 19, 32, 35 and 217 of the Industrial Property Law.

In relation to article 19, the amendment would consist in the addition of a provisional patent application, similar to what already existed in several foreign offices. With regard to Article 35, it would set forth that substantive examination can take advantage of foreign searches and examinations. As for the amendment of Article 2017, this would make reference to the recent accession of Brazil to the Madrid Protocol, insofar as it facilitates the international registration of trademarks. 

However, the suggested amendment that would be made to article 32, seems to be not completely clear. 

This provision relates to the possibility to amend a patent application after filing it. Continue Reading

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