Reinstating your patent or application in Brazil based on the COVID-19 emergency

by | Jan 19, 2022 | Articles, Brazil, Intellectual Property, Patents, Prosecution

We would like to bring to your attention a recent ordinance issued by the Brazilian PTO on the possibility of reinstating patent applications or patents in cases where a deadline or legal term has not been met during the prosecution due to the COVID-19 emergency.

More precisely, Ordinance 049 of December 03, 2021 establishes what is considered to be a “just cause” that would allow an applicant or patentee to request such reinstatement.

These “just cause” situations are listed below for your reference:

1. Medical reasons or sequels associated to COVID-19; and

2. Blockage or limitation of traffic/transit due to an official act of the competent local authority that interrupted the work activities of the patentee or applicant.

Further, it is possible to request reinstatement in cases where:

• Situations (1) or (2) occurred between April 1st , 2020 and January 3rd , 2022; and

• Situations (1) or (2) are the reason why the applicant or patentee has not met a deadline or legal term during the prosecution (including annuities payment).

A reinstatement request under this Ordinance must be filed with the Brazilian PTO before March 04, 2022. For further clarifications on this matter, please feel free to contact us. We will be glad to assist you.

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