On 9 July, the INPI (Brazilian Patent Office) published two new rules and a guidance note on its Plan to Combat Backlog of Patents.

As discussed in our previous news update on 4 July, the initiative aims to reduce the backlog by 80% before 2021, as well as the average term of grant to approximately two years from the request for examination.

The INPI’s new proposal is very similar to the measure already adopted by the Office with the so-called “Pre-Exam Official Actions”, which started as a pilot program in January 2018.

Under the new rules the INPI will start to issue its preliminary official actions on July 23.

The main differences between the previous program (which is now revoked) and the new plan are summarized in the table below:

  Pre-Exam Official Actions

(Rule #227/2018)

Preliminary Official Actions

(Rule #240/19)

Preliminary Official Actions

(Rule #241/19)

Decision Codes to be Published in the Official Gazette 6.20 6.22 6.21
Official Fees for Reply No Yes Yes
Deadline for Reply 60 days 90 days 90 days
Penalty for Failing to Reply Dismissal

(Right to Appeal)

Definitive Dismissal

(No Right to Appeal)

Definitive Dismissal

(No Right to Appeal)

Prior Art Search Conducted by a Foreign Patent Office Yes No Yes
Applications with third-party observations (including from ANVISA) Not Admissible Not Admissible Not Admissible
Application Filing Date No Up to December 31, 2016 Up to December 31, 2016
INPI will Conduct Further Searches Yes No No
Legal Position  Revoked by Resolution #241/19 In force as of August 1, 2019 In force as of August 1, 2019

Access the new rules and guidance note here.

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