Draft IP Law reduces terms for patent proceedings

16 May 2018
Draft IP Law reduces terms for patent proceedings

By Marta Garcia

Last year, Brazilian Senator Cássio Cunha Lima wrote a draft law amending the IP Law in order to reduce the terms for patent proceedings.

According to the draft law, patent terms would be amended as follows:

a) The term a patent application is kept confidential before publication would be reduced from 18 to 12 months.

b) The term for requesting the substantive examination would be reduced from 36 to 18 months.

c) The term for requesting the reinstatement of a patent application(after missing the deadline to request the substantive examination)would be reduced from 60 to 30 days.

d) The term for the applicant to file documents requested by the PTO would be reduced from 60 to 30 days.

e) The term for responding an office action would be reduced from 90 to 30 days.

The draft law is currently been reviewed by the Brazilian Senate, where Senator Valdir Raupp, of the Committee on Constitution, Justice, and Citizenship of the Senate, has recently issued a favorable report. Subsequently, the draft law will be sent to the Chamber of Deputies for revision.

Check back Moeller´s blog to see updates on developments in this matter.



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