The Brazilian Patent and Trademark Office (BPTO) has just announced that it will now order the distribution and technical examination of patent applications in Brazil by the date of the examination request, instead of the date of their filing. This change, which will take effect on January 1st, 2024, aims to speed up patent decisions by encouraging applicants to request technical examination earlier.
According to Article 33 of the Brazilian IP Law, the request for examination is mandatory within 36 months from the filing date. However, the BPTO believes that this rule prevents them from further accelerating decisions in Brazil and achieving the international standards, especially because most of the applicants tend to proceed with the request close to the deadline.
Since the BPTO only allows for voluntary amendments to patent applications before the examination request, a significant portion of applicants often choose to initiate examination near the 36-month mark. Read more