BPTO´s public consultation on simplified granting procedure of patent applications concludes
By Moeller IP Advisors
On July 27, 2017, a new resolution proposal for a simplified granting procedure of patent applications by the Ministry of Industry and Foreign Trade and Services (MDIC) and the Brazilian PTO (BPTO) was opened to public consultation until today August 31, 2017.
This initiative is aimed at addressing the significant patent examination backlog existing in the BPTO, where currently the average duration of patent prosecution ranges from 12 to 14 years.
According to there solution proposal, if the new simplified procedure is enacted, a patent application filed or with the PCT’s national phase initiated up to the date of publication of the resolution and with examination requested, will be granted within 90 days without any substantive examination, after the issuance of a notice of admissibility in the simplified procedure, provided that the following requirements are met:
– the patent application is not directed to pharmaceutical products and processes;
– the application is not a certificate of addition or a divisional application;
– third-party observations (pre-grant oppositions) have not been filed against said application;
– the application has been published or the early publication requested up to thirty days from the date of publication of the resolution;
– the examination of the patent application has been requested up to thirty days from the date of publication of the resolution;
– no official actions regarding the substantive examination of the application have been issued; and
– the annuity fees are paid up to date.
According to the resolution proposal, if an applicant would like its patent application to be excluded from the simplified procedure so it is subjected to the standard substantive examination, a request should be made within 90 days after the admission to the simplified procedure has been published by the BPTO.
It should be noted that the resolution is not yet in force. The public consultation period has just finished, so currently the MDIC and BPTO are analyzing the proposals received and will decide whether or not such a simplified procedure will be finally implemented.
We will keep you updated on any further developments in this matter.
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