The Brazilian Patent Office published a statement informing that as of February 27, 2018, a formal Office Action (code 6.6.1) will be automatically issued in all patent applications, requiring applicants to prove the registration and/or authorization of access to the Brazilian Genetic Heritage and/or Associated Traditional Knowledge.

A response will be required only in the cases where samples of Brazilian Genetic Heritage and/or Associated Traditional Knowledge have been accessed. In those cases, the applicant will need to file a reply within 60 days from the publication of the formal Office Action.

On the other hand, in case the applicant fails to comply with the formal Office Action, BRPTO will inevitably consider that the subject matter of the patent application has not been obtained as a result of access to samples of Brazilian Genetic Heritage and/or Associated Traditional Knowledge, and will proceed with the technical examination of the case.

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Source: Bhering Advogados

 

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