In our previous article of 26 May we set out some of the initiatives taken by the BRPTO (the Brazilian patent office) against COVID-19. The following is a brief update on recent developments and how the work of the agency is progressing at this time.
Since 1 June, administrative deadlines in the BRPTO are no longer suspended. This means that previously started deadlines were resumed and new deadlines started from 1 June onwards. In-person services remain unavailable for the time being. Where it is not possible to carry out any procedural act with the BRPTO, it is necessary to inform and justify this fact through an electronic petition so that the agency can can analyze the claim and decide on a possible postponement.
In addition, since our last update on May 18 dealing with the BRPTO’s Plan to Combat the Patent Backlog, the BRPTO has now reported that it reached the annual examination figure of 20,675 patent applications (exceeding 50% of the target for the year – 40,092 patent applications). The timeline recorded for using priority examination proceedures (e.g. Green Patents or PPH) also recorded better results (down from 18 months in 2019, to 13.4 months in June 2020.
These preliminary figures show that the BRPTO remains on track to reach its goals under the plan, despite any interuption by the Covid-19 crisis.
Also new is that the BRPTO has now confirmed that patent applicants who fall within the definition of a Start-Up, can also apply through the priority examination procedure.
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