A new resolution was published by the Brazilian Patent Office implementing new rules for the patent examination in Brazil. The new rules were created in order to reduce the patent backlog and the period of patent examination.
The resolution 241/2019 has provisions to patent applications with search reports published by other Patent Offices.
In order to take advantage of the new Resolution, the following requirements must be met:
- A previous examination cannot had been made by the Brazilian Patent Office;
- A priority examination cannot had been requested;
- An opposition cannot had been filed by third parties or by the Brazilian Health Regulatory Agency (Anvisa);
- The application must had been filed until December 31, 2016;
If the patent applications fulfill the requirements, the Brazilian Patent Office will issue an office action requesting the applicant to make comments about the search report published by the other patent office.
The applicant will have also the opportunity to defend the patentability and adjust it in order to comply with the requirements pointed by the search report.
If the applicant makes the changes on the claims in order to prove the inventive step and respecting the patents presented on the search, the patent will be granted by the Brazilian Patent Office. If not, it will be rejected.
“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.”