Brazilian Patent Office expedites patent applications examination
It goes without saying that the Brazilian Patent Office (BPO), responsible for granting patents in Brazil, has been facing a chaotic situation in dealing with its huge backlog of cases, which amounts to approximately 240,000 pending patent applications.
In one of the recent measures announced by the BPO, the Resolution No. 277, of October 25, 2018, it is set forth that Brazilian patent applications which correspond to a foreign patent application that has already undergone through examination by a foreign patent office, the BPO will take into account such search report so as to expedite the procedure in Brazil.
In this sense, the BPO will notify the applicants of patent application to submit, within 60 days, arguments referring to the examination report of the foreign offices and the patent documents disclosed thereof so as to provide the applicant with the opportunity to amend the Brazilian application accordingly. In case arguments are submitted and the application complies with all requirements set forth on the Brazilian law, the patent application will be allowed.
The new Resolution does not apply to certain exceptions, such as applications that have already had their examination initiated or applications in which a request for priority examination has been presented.
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