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The Patent office has published a resolution this week with new rules for examination of patents. The examiner will be allowed to use the  searches already carried out by another Patent Office in cases of patents filed in Brazil through PCT or CUP. 

The examiner will issue an office action requesting the applicant to talk about the cited documents and  make adjustments if necessary. After that the examiner will decide about granting the patent or not. 

Implementing these changes the Patent office expects that the backlog will be reduced in 80% until 2021. After that they believe that the timeframe for examining patents would take around 02 years. 

In order to implement the Madrid Protocol the Trademark office is also making changes on the system. The trademarks used to take around 3 years to be granted, now the applications are being examined in around 01 year.  

The Senate has approved the adhesion of Brazil in Madrid Protocol. From October 02, 2019 it will be possible to file trademarks in Brazil through Madrid Protocol. 

In Brazil is not possible to file multiclass applications but probably it will be possible next year. 

Lawyer Author of the Comment: Laila dos Reis Araujo

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

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