July 03, 2017

Brazil: expedited examination of national phase applications

On June 7, 2017, the Brazilian National Institute for Industrial Property (INPI) issued Resolution No.193/2017 which provides expedited examination of Brazilian PCT national phase applications. The Resolution was published in the Official Gazette on June 13, 2017 and will come into force on August 12, 2017 as prescribed by Resolution No.196/2017.

If a PCT application enters Brazilian national phase and claims priority of an earlier patent application filed with an IP Office recognized as an International Searching and Preliminary Examination Authority, the INPI will incorporate a search report issued by said office. In such a case no supplementary search will be conducted.

The new provision does not apply to the cases when substantive examination of the patent application has already been initiated by an INPI’s examiner; the patent application has undergone a fast-track program; third party observations against the patent application have been submitted; the patent application is under the appeal stage.

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Author: Lynda Miller