In our previous news updates on July 10, 2019 and July 04, 2019 we reported that the INPI (the Brazilian Patent Office) has launched an ambitious “Plan to Combat Backlog of Patents” in Brazil. In our update of May 18, 2020, we reported that the INPI was already collecting promising results 10 months after the launch of the plan.
As a recall, the plan covered all applications filed before December 31, 2016 where search or examination results were available from foreign patent offices in corresponding patent applications in the same family. Its main foundation was the massive publication of standardized office actions, which were basically a list of the prior art references cited outside Brazil. Applicants were invited to submit the same granted claims of a counterpart patent and/or arguments in favor of the claimed matter.
Today, the INPI announced that the plan will now also cover patent applications filed from January 1, 2017 to December 31, 2017, as a further effort to reduce backlog of pending patent applications at the INPI (Rule #21/2021). Like the plan implemented so far, those standardized office actions will apply to patent applications not subjected to other fast-track routes and that have not received any third-party observations.
Rule #21/2021 (in Portuguese) can be accessed here.
If you would like more information on our work with patents in Brazil, please get in touch with us.