INPI Brazil updates procedures for evaluating patent applications at the appeal stage

On 27 February 2024, the National Institute of Industrial Property (INPI) of Brazil updated its Opinion No. 3/2024, which complements the procedure during the opposition phase, effective from 2 April 2024. On 4 March 2024, guidelines for the examination of appeals and administrative nullities were issued, which detail how this new understanding will be applied.

INPI clarifies that requirements not met at the first instance will be presumed lostOpinion No 3/2024 states that if a requirement is not adequately met at first instance, it will be presumed that the opportunity to do so has been lost, unless the appellant can demonstrate the impossibility of meeting that requirement. On the other hand, if the first instance examiner does not adequately address an issue, the Board of Appeal may remit the appeal arguments for re-examination or proceed with the appeal if it considers itself able to do so.