Wednesday, December 20 2023   \  Published by Kaznar Leonardos.

The BRPTO ruled that it is not possible to amend a patent application during the appeal phase

The BRPTO ruled that it is not possible to amend a patent application during the appeal phase

On Tuesday, December 12, 2023, the BRPTO published new rules that limit applicants’ acts in the administrative process for granting patents.

At the same time, the BRPTO announced a change in the queue for technical examination of patent applications. As of January 1, 2024, applications will be examined in the order in which they are requested for examination, rather than by the date of filing. The BRPTO also announced new rules for the areas of trademarks and industrial design.

The new regulations were published after months of widespread publicity by the Brazilian National Institute of Industrial Property (INPI) of its goal of granting patents within two years by 2026.

Based on the new understanding set forth in Opinion No. 19/2023, which comes into force on February 12, 2024 (according to the decision of the President of the BRPTO Júlio César Castelo Branco Reis Moreira), the applicant for a patent application will not be able to submit amendments to the claim set in administrative appeal against the decision that rejected their patent application. Read more

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