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Patents Brazil: Proposal for extraordinary and simplified granting procedure

NEW REGULATION PROPOSAL FOR SIMPLIFIED GRANTING PROCEDURE OF PATENT APPLICATIONS IN BRAZIL IS PLACED FOR PUBLIC CONSULTATION

After the recent revocation of Resolution 193 of June 7, 2017 which established the accelerated analysis of patent applications filed via PCT based on a favorable technical report issued for a counterpart case, a new Regulation proposal for a simplified granting procedure of patent applications is being studied by the Ministry of Industry and Foreign Trade and Services (MDIC) and The Brazilian PTO. Such proposal has been placed for public consultation until next August 21st.

The Regulation proposal establishes the rules for an application to be automatically allowed (without the examination on the merits) and would be applicable only for the applications which the filing or the national phase entry petitions have been docketed by the date that the Regulation comes into force.

Among the main provisions of the proposal, it is stated that the simplified procedure would not apply to the Certificate of addition applications, divisional applications and applications which invention is related to products and pharmaceutical processes. In addition, it is stated that for the admission of an application into the simplified granting procedure, such application must be published, with the request of examination submitted and with the annuities duly paid.

It is also stated that after the publication of the admission of the application, the applicant will have the chance of requesting the exclusion of the application in the simplified procedure so that it follows the regular examination route.

The Regulation proposal is attached for your reference (click here) .We place ourselves at your disposal for any further explanation you may deem necessary at rfreire@clarkemodet.com.br

Carmen Sánchez-Puelles