Brazilian PTO – Patent Backlog Combat Project


11. July 2019
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Brazilian PTO Patent

By Carlos Cavalcanti, Managing Partner at Moeller IP Brazil

Patent Backlog Combat Project

Brazilian PTO is initiating the Backlog Combat Project to substantially reduce the number of pending patent applications over a 2-year period. To achieve this goal, the preliminary requirements will be established, according to Resolutions 240/19 and 241/19, published in Official Bulletin under dispatch codes 6.21 and 6.22. The dispatch of code 6.21 will be issued to the corresponding search requests available in other offices while dispatching code 6.22 to the corresponding no search request available. Thus, the following codes will be listed in the Bulletin Table of Orders – Patent Section:

Preliminary requirement

6.21 – Preliminary requirement – Application with searches made by other Patent Offices. Suspension of the progress of the patent application which, for regular instruction, will await the answer or challenge of the requirements formulated. The non-manifestation of the applicant within 90 (ninety) days of this date will result in the final denial of the application. The preliminary requirement opinion (6.21) will be published as of 7/23/2019.
6.22 – Preliminary requirement Application without searches made by other Patent Offices. Suspension of the progress of the patent application which, for regular instruction, will await the answer or challenge of the requirements formulated. The non-manifestation of the applicant within 90 (ninety) days of this date will result in the final denial of the application. The preliminary requirement opinion (6.22) will be published as of 08/08/2019.
The applicant must comply with the preliminary requirement (dispatches of code 6.21 or 6.22), expressing himself on the documents presented in the search report and promoting the appropriate modifications in the context of the claims. In conjunction with the new claim framework, it is recommended that the applicant submit the descriptive report, summary, and drawings. The applicant will have 90 days to meet both requirements, under penalty of final denial of the application, according to Article 36 of LPI 9.279 / 96.

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