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Brazilian Patent Office to expedite PCT based applications

Wilson Pinheiro Jabur and Fabio José Zanetti de Azeredo


The Brazilian Patent Office (BPO), responsible for granting patents in Brazil, published on June 13, 2017 the Resolution No. 193/2017 aiming to expedite the prosecution of Brazilian PCT national phase patent applications claiming claim priority from earlier applications from countries that are International Searching and International Preliminary Examining Authorities under the PCT.

In accordance with the new rules a downturn in searches conducted by the BTO is expected as well as a 20% increase in the BTO’s productivity.

The new rules, which will be in force as of July 13, 2017, do not apply to the following cases:

  1. Patent applications which have the examination phase initiated.
  2. Patent applications which have priority examination granted.
  3. Patent applications against which third parties have submitted petition aiming to reject the application or to narrow its scope of protection.

Our Intellectual Property practice group is at your entire disposal on this or any other intellectual property issue.