Change on Patent System in Brazil

Dear Colleagues and Clients,

As anticipated by our previous newsletter on the matter, the Brazilian Patent Office recently changed the normative directive for Patent Prosecution on the Merit, more specifically in regard to the assignment of patent applications for examiners to initiate the prosecution on the merit. According to the Brazilian Patent Office:

“The distribution of patent applications for technical examination, and the consequent carrying out of the examination, will now be ordered by the filing date of the examination request, changing the current order, determined by the date of filing the application.

This strategic change aims to optimize the processing of patent applications, aligning Brazil with international practices.

We believe that this measure will determine a new dynamic to voluntary amendments in patent applications, contributing to a reduction in the decision time for patent applications.

We highlight that the expected start of such ordering is January 1st, 2024. This change will result in a more agile and reasonable patent system for all actors involved in the innovation process in the country.”

Therefore, the new provision above determines that the examination order of patent applications in Brazil will be determined by the filing date of the examination request instead of the filing date of the application.

Please feel free in contacting us or further information you may need.