News

Newsletter

Patent applications: BPTO shifts priority to examination request dates for faster decisions in Brazil

The Brazilian Patent and Trademark Office (BPTO) has just announced that it will now order the distribution and technical examination of patent applications in Brazil by the date of the examination request, instead of the date of their filing. This change, which will take effect on January 1st, 2024, aims to speed up patent decisions by encouraging applicants to request technical examination earlier.

According to Article 33 of the Brazilian IP Law, the request for examination is mandatory within 36 months from the filing date. However, the BPTO believes that this rule prevents them from further accelerating decisions in Brazil and achieving the international standards, especially because most of the applicants tend to proceed with the request close to the deadline.

Since the BPTO only allows for voluntary amendments to patent applications before the examination request, a significant portion of applicants often choose to initiate examination near the 36-month mark.

The recent BPTO decision to base examination queue order on examination request dates, rather than filing dates, introduces a significant shift in patent prosecution dynamics. This is likely to affect how applicants approach amendments, potentially incentivizing earlier filing of requests.

Our team is closely monitoring the implications for clients and remains available to discuss optimal strategies and provide further clarification. Please feel free to contact mail@kasznarleonardos.com if you have any questions or would like to discuss about your specific project.

Back

Last related news

September 24, 2024

Brazilian CNPQ defines Intellectual Property guidelines for funded inventions

The Brazilian National Council for Scientific and Technological Development (CNPQ), through CNPQ Ordinance No. 1,935 (“Ordinance”), dated September 20, 2024, has established Brazilian CNPQ defines Intellectual Property guidelines for funded inventions

Ler notícia

September 19, 2024

Updates on procedures for ownership transfers and amendments to patent holder informations

Updates on procedures for transferring ownership and changing the name/company name, address/headquarters, and security interest or pledge of patent holders of any Updates on procedures for ownership transfers and amendments to patent holder informations

Ler notícia

September 19, 2024

Brazilian Superior Court decides on the non-remunerative nature of stock option plans

On September 11, 2024, in its ruling on Case No. 1226, the Brazilian Superior Court (STJ) determined that gains derived from stock Brazilian Superior Court decides on the non-remunerative nature of stock option plans

Ler notícia
plugins premium WordPress