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 filing date. Currently, once the examination is requested, the application enters the queue for analysis based on its filing date.

The goal behind this strategic change is to optimize patent prosecution, bringing Brazil closer to practices of other offices around the world. Additionally, this measure will provide applicants with more control over the time it takes for the patent application to be examined.

It is important to note that at this time the BPTO has only given a provisional date for the new system to come into effect, that is from 01/01/2024 onwards. We are in constant contact with the BPTO to obtain more accurate information on when exactly this new system will come into force.

Our patent team at Daniel will monitor the topic and will keep you informed of any developments. If you have any questions about this matter, do not hesitate to contact us.