Further to our communications of The Brazilian PTO has announced new rules governing patent applications and Amendments and Supplementary Experimental Data During the Appeal Phase, we report that the Brazilian PTO published yesterday a new ordinance to provide...
Patent
Amendments and Supplementary Experimental Data During the Appeal Phase
Further to our communication of December 2023, a decision was published today by Mr. Julio Cesar Moreira, President of the Brazilian PTO, regarding the submission of amendments and supplementary experimental data during the appeal phase (administrative second...
The Brazilian PTO has announced new rules governing patent applications
The Brazilian PTO has announced new rules governing patent applications, basically creating further restrictions to claim amendments and auxiliary claim sets filed at the appellate stage. These new rules are expected to come into force on April 2, 2024. According to...
Brazilian PTO plans change to patent examination process
On 12 December, the Brazilian PTO (BPTO) patent division issued a statement explaining that the patent application examination queue will be based on the date of the request for examination, which is a processing step that needs to be done within 36 months of the...
BPTO Initiates Public Consultation to Expedite Patent Processing in Brazil by 2026
On September 14, 2023, the Brazilian Patent and Trademark Office (BPTO) announced the Public Consultation aiming at expediting patent prosecution. It is expected that, by 2026, patents will be granted within 24 months after filing in Brazil, according to the BRPTO's...
The inspection bodies of the National Health Surveillance System may execute commitment agreements with private parties
Law 14671/2023 was published today in the Federal Official Gazette (DOU), amending Law 6437/1977, which deals with violations of federal health legislation and establishes corresponding sanctions. With this change, there is now a specific legal provision for the...
The Brazilian Supreme Court affirmed the constitutionality of the Biosafety Law
The Brazilian Supreme Federal Court concludes today, 08/21/2023, the virtual session of the trial for Case of Direct Unconstitutionality (ADI) 3526. By a majority vote, including the recently appointed Justice Cristiano Zanin, the Court decided on the...
ANVISA prohibits importation of the Cannabis plant in natura
Through Technical Note No. 35/2023, ANVISA (the Brazilian National Agency for Sanitary Surveillance – the Brazilian FDA) prohibited the importation of the Cannabis plant in natura, whole or in parts (including its flowers), as of July 20, 2023. This decision does not...
Phase IV of Patent Prosecution Highway (PPH) will be implemented with some modifications
The Brazilian PTO published today Phase IV (Ordinance No. 78/2022) of Patent Prosecution Highway (PPH) program, implementing new rules for the acceptance into the program, which will begin on January 01, 2023.
New ordinance regarding accelerated patent prosecution in Brazil
The Brazilian PTO has created programs that enable accelerated examination for patent applications, significantly reducing analysis and processing completion time. In addition to the Patent Prosecution Highway (PPH)
Recent developments in PTA litigation in Brazil
Even though significant progress has been made recently, the problem of delay in the Brazilian PTO in relation to patent proceedings is well known, a fact that is attested to by the numerous cases being taken against the body. Until April 2021, patentees could rely on...