Monday, April 15 2024   \  Published by Licks Attorney .

Important Changes in Brazil’s Patent Application Process

Important Changes in Brazil’s Patent Application Process

Updates in Brazilian Patent Procedures: Insights into Recent Regulatory Changes

Brazilian PTO published an opinion with normative effect determining that restrictive amendments to circumvent the objections raised in the first instance patent examination may be accepted in the second instance, if they do not imply a new claim and upon compliance with the following 4 new conditions published in the Bulletin (RPI) #2773, published on February 27, 2024:

1. Amendments (or modifications) to the claim framework must necessarily have a causal link with the obstacles identified by the first instance, that is, it must be clear that the changes are related to the reasons for rejecting the patent application.

2. Only modifications that are logically restrictive derivations of that table subject to rejection may be presented. Materials abandoned in the first instance cannot be recovered, based on this condition. Read more

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