The Brazilian Patent and Trademark Office (BRPTO) published on July 9, 2019 two Resolutions for reducing the current internal backlog of patent applications pending technical examination. The aim is to substantially reduce the number of cases pending technical examination within a period of 2 years.

The BRPTO will issue preliminary Office Actions requesting the Applicants to submit replies regarding documents presented in the search reports and to amend the sets of claims.

BRPTO Resolution 240/2019 sets forth the rules for preliminary Office Actions for applications for which no prior art searches have been conducted by the foreign Patent Offices for corresponding applications filed abroad; whilst Resolution 241/2019 refers to Office Actions for applications for which prior art searches have already been conducted by foreign Patent Offices.

Applicants will have 90 days counted from being notified for responding to the preliminary Office Actions under penalty of definitive abandonment by the BRPTO. After the replies are filed, the applications will proceed to formal technical examination.

Resolution No. 240 and 241 will enter into force on August 01, 2019 and July 22, 2019, respectively.

For additional clarification, please contact [email protected]

 

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