Tuesday, April 16 2024   \  Published by FICPI.

BPTO Now Orders Patent Examinations Based on Date of Submission of Examination Request

BPTO Now Orders Patent Examinations Based on Date of Submission of Examination Request

According to Article 33 of the Brazilian IP Law, the request for examination is a mandatory administrative step in Brazil and must be submitted within 36 months of the filing date. Historically, the order of examination in Brazil was defined based on the actual filing date of the patent application, which meant that requesting examination earlier than the deadline of 36 months had no real benefit to the Applicant.

In view of this change, as of January 2024 the BPTO will order the distribution and technical examination of patent applications based on the date of the actual submission of the examination request. This change aims to expedite patent decisions by encouraging applicants to request technical examination earlier.

The examination time significantly varies by technical area in Brazil

In view of the recent efforts through the backlog-combat program in Brazil, for some technical areas, like mechanics and agricultural technology, the BPTO is close to eliminating the backlog. Since applicants tend to request examination closer to the deadline, the BPTO is trying to incentivise them to request examination earlier, so that the BPTO may manage to reduce the backlog to less than 3 years in these technical areas. However, this scenario is far from true for some other technical divisions, for example biotechnology, telecommunications, and electronics, which still have an average examination time of 7-8 years from the filing date. Read more

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