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Brazilian PTO’s Pilot Program for issuance of pre-examination technical opinions

The Patent Directorate of the Brazilian PTO is initiating a pilot program for issuance of pre-examination technical opinions on patent applications aiming at expediting substantive examination of the applications. Applicants may voluntarily present new pages of the patent application reflecting corrections of flaws previously pointed out by prominent Patent Offices.

Thus, starting as of January 23, 2018, the pre-examination opinions will issue for a total of 40 patent applications per technical division.

Such pre-examination opinions will disclose prior art documents uncovered and cited in corresponding applications by prominent Patent Offices, for consideration during substantive examination. The pre-examination technical opinions will be published in the weekly Official Bulletin under the code 6.20. Applicants will be granted a sixty-day term to comply with the requirements, conforming their applications to overcome the cited art to become in line with local norms and legislations in force, pursuant to Article 34, item II, of the Brazilian Patent Law.

Accordingly, as of January 23, 2018, Official Bulletin no. 2455 will include the new code 6.20 in its Patent Section as indicated below:

 

6.20       Pre-Examination Requirements – Article 34 of the Brazilian Patent Law 9279/97

 

Requirements for the presentation of arguments in respect of objections, prior art searches and examination results for the grant of corresponding applications in other countries. Failure to present a reply within the sixty-day term will result in shelving of the application.

 

Board of Directors of Patents, Computer Programs and Integrated Circuits Topography