Brazil’s National Institute of Industrial Property (INPI) recently issued two significant ordinances that introduce important changes to the procedures for filing and examining patent applications. These regulations, which will come into effect in October 2024, aim to align the guidelines with the provisions of Brazil’s Industrial Property Law.
Key Changes:
- INPI/DIRPA Ordinance No. 14/2024:
Published on August 29, 2024, this ordinance establishes new general rules for filing patent applications and certificates of addition, replacing previous regulations. One of the most noteworthy updates is the introduction of rules for divisional applications, which must now include a marked-up copy highlighting the differences from the original application. - INPI/DIRPA Ordinance No. 16/2024:
Published on September 2, 2024, this ordinance updates Block I of the Guidelines for the Examination of Patent Applications. One of the key updates is that divisional applications can now be filed until the date of publication of the final decision on the original application (grant, rejection, or definitive filing).
Ordinance Details:
INPI/DIRPA Ordinance No. 14: Procedures for Applications and Certificates of Addition
This ordinance regulates the formalities and content of patent applications and certificates of addition, ensuring that all documentation complies with legal requirements. A key aspect is the obligation to include a marked-up copy that clearly shows the changes made to the pending applications, increasing transparency in the review process.
INPI/DIRPA Ordinance No. 16: New Guidelines for Divisional Applications
Effective from October 3, 2024, this ordinance introduces significant changes to divisional applications. Applicants are now required to submit a marked-up copy reflecting the changes from the original application. Furthermore, if there is an overlap between the claimed subject matter of the original and divisional applications, the claims of the original application must be amended to exclude the duplicated content.
Impact of These Changes on Patent Applications
These new regulations will directly affect patent holders and applicants in Brazil. By introducing new rules for divisional applications and requiring greater clarity in amendments, the INPI aims to improve the efficiency and transparency of the patent examination process. Companies and applicants must ensure compliance with these requirements to avoid delays or rejections in their applications.
Conclusion
These changes mean that companies and patent holders in Brazil will need to adjust their internal procedures to comply with the new guidelines. The proper implementation of the rules on divisional applications and amendments will be crucial to ensuring the efficiency of the patent examination process.
If you need assistance with these changes or have any questions related to your patent applications, do not hesitate to contact us at hello@moellerip.com.
