Brazilian Appellate Court Upholds Decision on BRPTO Restructuring and Patent Backlog

Brazil’s Federal Appellate Court of the 2nd Circuit recently upheld a lower-court decision requiring measures aimed at addressing the patent backlog at the Brazilian Patent and Trademark Office (BRPTO). The case was brought by the Brazilian Association of Intellectual Property (ABPI), which challenged the situation at the patent office and sought judicial intervention to improve the management of pending patent applications.

In its decision, the appellate court rejected appeals filed by both the federal government and the BRPTO, thereby confirming the earlier ruling. The decision requires the patent office to take steps to identify and address the structural causes behind the backlog in patent examination. In particular, the BRPTO must submit, within 90 days, a detailed diagnostic report analysing the operational and structural issues affecting its activities, including aspects related to staffing, resources, and organisational capacity.

Following the submission of this diagnostic report, the BRPTO must also present a comprehensive action plan setting out the measures it intends to adopt to address the backlog. The plan must include the steps to be taken, the timeline for implementation and the financial resources required. Once the plan is approved by the court, the BRPTO will be required to implement it and report periodically on the progress made.

The ruling places the process of restructuring and backlog reduction under judicial oversight, requiring the patent office to provide regular updates on the implementation of the measures proposed. The decision, therefore, confirms that the BRPTO must develop and implement a structured plan aimed at improving the management of pending patent applications.