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PUBLIC CONSULTATION OF THE BRAZILIAN PATENT OFFICE IN ORDER TO REDUCE PATENT APPLICATIONS BACKLOG

The Brazilian Patent Office (BPO) studies to introduce an automatic grant of all pending patent applications so as to reduce its backlog.

Currently it is taking from 7 to 10 years for the BPO to render a decision on a patent application. There are approximately 230,000 patent applications awaiting analysis.

In order to debate solutions to this matter, the BPO published a public consultation (on the Federal Official Gazette of July 31, 2017 available on http://www.inpi.gov.br/menu-servicos/patente/consultas-publicas) according to which the applications filed prior to the publication of the rule (yet to occur) would be allowed provided that they comply with certain requirements and excluding certain exceptions.

Our firm will monitor the outcome of this public consultation and will report any future outcomes regarding this matter.