Friday, March 1 2024   \  Published by Kluwer Patent Blog.

Brazil – Important updates on the new rules regulating administrative appeals

Brazil – Important updates on the new rules regulating administrative appeals

The Brazilian Patent and Trademark Office (BRPTO) has issued a new set of guidelines to clarify its recent regulations on amending patent claims during the appellate phase and help patent applicants adapt to the new policy.

Last month, we published an article regarding the decision rendered by the President of the BRPTO on 12 December 2023, giving normative and binding character to four Opinions of the Specialized Federal Attorney’s Office that imposed restrictions on the actions available to applicants when appealing first instance decisions. Such restrictions sought to limit the provisions of the Brazilian Patent Statute which guarantee the “full devolutive effect” or the ability of Appellate Bodies to decide matters raised by the appellant during the appeal stage. The direct impact of these guidelines was that amending claims (including limiting the scope of protection of a patent application) and presenting new data to support a claimed invention was said to no longer be accepted during the appeal phase. Read more

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