New measures to expedite examination of patent applications

30. April 2018

by Moeller IP Brazil

In order to expedite the substantive analysis of patent applications. On January 16, 2018, the Brazilian PTO published a statement regarding the start of a pilot program for the issuance of pre-exam opinions.

Notice for patent applications

According to the statement, from January 23, 2018 pre-examination opinions will be issued for a total of 40 patent applications per technical division.

The pre-examination opinion will inform about the prior art already cited during the examination of the corresponding application in other patent offices, that is to be considered during the substantive examination in Brazil.

Exam Timeframes and Considerations

This pre-examination opinion will be published in the IP Gazette and the applicant will have 60 days to respond to the requirement. Voluntary amendments may be filed with the response to the office action in order to overcome objections already raised by other PTOs.

The above is in line with Article 34, section II of the IP Law, which states that, after the substantive examination has been requested, “the necessary documents to regularize the processing and examination of the application” must be filed within 60 days, whenever requested by the PTO.

If the applicant does not reply in time to the request, the application will be dismissed.