January 26, 2018

Temporary measures against backlog at the Brazilian Patent and Trademark Office

On January 16, 2018, the Brazilian Patent and Trademark Office (INPI) notified about the launch of a new pilot program relating to the issuance of the pre-examination reports on pending applications. The program will last from January 23 until March 13, 2018, involving no additional charges for applicants.

Pre-examination reports will refer to the prior art revealed in the course of examination of the relevant applications by the other patent offices. The applicant will be invited to amend the application in conformity with the Brazilian patent regulations within 60 days to avoid an abandonment of the application. If the application is amended, the revealed references mentioned in the pre-examination report will be taken into consideration at a later stage by the INPI examiners.

Such a legal solution aims to accelerate the substantive analysis of the patent applications resulting in reducing the patent backlog of the Brazilian Patent Office. It is expected that the program will make it possible to speed up the prior art search for about 800 patent applications, which will be taken for pre-examination on the first-come basis. 

The INPI actively fights the backlog striving to expedite the examination of applications, leading to a series of programs apart to the mentioned above, such as ICTs Patent Program, PPH programs, and Green Patent Program.

You are always welcome to check our applicant’s guide for more information on the IP prosecution in Brazil or any other country of your interest. In case you need an accurate quote for any stage of registrations, our quotation system is at your disposal 24/7.

Author: Lynda Miller