November 13, 2020

The controversy regarding amendments to patent applications in Brazil – A new chapter begins

As reported in our Newsletter #06, sent in March 2019, the Public Civil Action filed in 2002 by the Federal Public Prosecution Office (PPO) generated heated debates around the interpretation of section 32 of the Industrial Property Act (IPA – Law #9,279/1996) concerning the examination of patent applications.

In summary, the PPO argued that voluntary changes to the scope of the claims of a patent application, by (restrict) interpretation of section 32 of the IPA, could only be submitted until the examination request. Even so, this amendment request should be limited to the matter initially revealed in the application.

For further information, click below to access our full newsletter.

See file

Back

Last related news

December 12, 2024

Important Update: New Rules for the Patent Prosecution Highway (PPH) in Brazil

The Brazilian Patent and Trademark Office (BPTO) has announced modifications to the Patent Prosecution Highway (PPH) Program by means of Ordinance 48/2024, … Important Update: New Rules for the Patent Prosecution Highway (PPH) in Brazil

December 6, 2024

Brazilian PTO (INPI) publishes new Relationship and Transparency Policy

Through Ordinance/INPI/PR/N° 46, dated November 27, 2024, the Brazilian National Institute of Industrial Property (INPI) published its new Relationship and Transparency Policy, … Brazilian PTO (INPI) publishes new Relationship and Transparency Policy

December 5, 2024

Establishment of procedures for examining patent certificates of addition

The Brazilian PTO (BPTO) had already established, through Ordinance/INPI/DIRPA No. 14, of August 29, 2024, general procedural rules regarding the form and … Establishment of procedures for examining patent certificates of addition