Friday, December 1 2023   \  Published by Kluwer Patent Blog.

Brazil: The Patent Office is Considering Changing Terms for Requesting Examination and Amending Patent Applications

Brazil: The Patent Office is Considering Changing Terms for Requesting Examination and Amending Patent Applications

The BRPTO published on September 14 an invitation for interested parties to comment on a proposal to review the provisions of the Brazilian IP Statute regarding two relevant timeframes for patent owners filing applications in Brazil. The first concerns the term for requesting examination (currently 36 months from filing, per Section 33), and the second regards the claim amendment practice (currently the date of the request for examination, Section 32).

The Patent Office’s goal with the proposed change is to substantially reduce the backlog and examination pendency. Accordingly, the BRPTO is trying to hit a target of deciding cases within 24 months from filing “on par with the best international practices and will benefit its users”. The BRPTO believes that the current rule (36 months to request examination) is one of the reasons for additional delays in the granting of patents and proposes that the request for examination be automatic for a PCT patent application when entering the national phase in Brazil, 30 months after its international filing. Read more

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