Monday, April 22 2024   \  Published by Clarke Modet .

Additional update in the proceedings of the Brazilian PTO when assessing patent applications at the appeal stage

Additional update in the proceedings of the Brazilian PTO when assessing patent applications at the appeal stage

The Brazilian PTO has altered and republished on February 27, 2024 the Opinion nº 3/2024 complementing the initially issued proceedings during the appeal phase (Opinion nº 19/2023 from December 2023 – to be in force as of April 02, 2024). Although revised, the republished document remains confusing and in certain aspects in contradiction with the previous opinion. On March 04, 2024, a guideline instructing how the appeals and administrative nullities will be examined was issued (Ordinance nº 7/2024), giving additional details on how this new understanding would be applied. After a meeting with the BRPTO on March 14, 2024, the IP associations informed that a new guideline would be published soon. In fact, on March 19, 2024 a new Ordinance (Nº 8/2024) was published, revoking the previous one (Ordinance nº 7/2024 of March 04, 2024). In summary, the appeal board will be focused on reassessing the decision of the first instance examiner based on the arguments and set of claims presented in response to the office actions issued by the first instance examiner.

Upon lodging an appeal before the BRPTO, the Appellant should bear in mind the following points: Read more

Ready to Get Started?

Contact Sales