The Brazilian Patent Office (BPTO) has made a significant announcement that promises to transform the patent process in the country. Starting January 1, 2024, BPTO will implement a new methodology for the distribution and technical analysis of patent applications, prioritizing the date of the examination request instead of the initial filing date. This change primarily aims to expedite the patent decision-making process, encouraging applicants to advance their requests for technical analysis.
According to Article 33 of the Brazilian Industrial Property Law, patent applicants must submit an examination request within 36 months from the filing date. However, it has been observed that this rule impedes accelerating decision-making processes in Brazilian territory and conforming to international patent standards. This is mainly due to the trend among applicants to submit their examination requests only close to the end of this deadline.
It is worth noting that BPTO allows voluntary amendments to patent applications only before the formal examination request. This policy has led to a common practice among applicants of waiting until the end of the 36 months to make the examination request, allowing for final adjustments to the patent documents.
With BPTO’s new decision, which establishes the date of the examination request as the criterion for the order of analysis, a substantial change in the dynamics of processing patent applications is expected. This may lead applicants to rethink their strategies, especially regarding the submission of amendments, encouraging them to advance their examination requests.
Our team is closely monitoring the consequences of this change and is ready to discuss optimized strategies and provide additional clarifications as necessary. For more information or to discuss the impact of this change on your specific case, we are available at patents@tavaresoffice.com.br.
