Latest changes on patent applications in Brazil

Technical examination of patent applications

From 1st January, the Brazilian Patent and Trademark Office (BRPO) has been conducting the technical examination of patent applications based on the date of request instead of the filing date. Therefore, to expedite the application processing, it is advisable to request the technical examination after filing the application.

Changes in the administrative opposition phase

As of 2 April, the BRPO Board of Appeal will no longer accept amendments to the text of the patent application during the administrative appeal phase. Although clarification from the BRPO is still awaited, it appears that even amendments filed to narrow the scope of the claims will not be accepted.

New rules for annuity payments

From 1 January, outstanding annuities can be paid up to 3 months before the due date, provided that previous annuities are up to date. If, when an annuity is paid, an outstanding previous annuity is identified, the system will automatically apply the payment to the outstanding annuity and notify the applicant to pay the amount of the next annuity.