Brazilian PTO issues notice of upcoming public consultation on the Industrial Property Law

The Brazilian PTO recently issued patent-related topics that will be addressed in a upcoming public consultation on the Industrial Property Law.

According to the Brazilian PTO, a key highlight is the proposed revision of Articles 10 and 18, which refer to subject matter excluded from patent protection in Brazil. This includes, among others, therapeutic or diagnostic methods for the treatment of humans or animals, as well as the whole or part of natural living beings, biological material found in nature (even if isolated), and natural biological processes. In relation to living beings, an exception is provided for transgenic microorganisms.

Such subject matter is often central to technologies in the pharmaceutical and biotechnology sectors. Accordingly, any changes to the wording of Articles 10 and 18 may significantly affect the scope of patent protection in these fields. These are sensitive issues with specific nuances, particularly when compared to patentability standards in other jurisdictions.

In this context, it is noteworthy that the Brazilian PTO has recently devoted particular attention to medical use claims (i.e., new uses of known compounds), including by launching a separate public consultation on the topic.

Furthermore, the public consultation will cover provisions related to:

o Priority: allowing priority claim to be made within 90 days from filing (instead of the current 60 days);

o Letters Patent: removing references to addresses; and

o Annuities: allowing payment by any interested party, extending the ordinary payment period (currently three months of each annual period), and abolishing the extraordinary payment period (currently the following six months).

As the Brazilian PTO is set to publish the complete document detailing the topics on March 25, further adjustments may be introduced, particularly concerning the presentation of amendments and the submission of divisional applications.