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BRAZIL

THE BRAZILIAN PTO ISSUED THE NEW PATENT EXAMINATION GUIDELINES – BLOCK II

The Brazilian Trademark and Patent Office (BTPO) published the new patentability requirement guidelines (Block II) for patent examination. Said new guidelines dictate the way in which formal requirements have to be analyzed.

 

Block II is the fourth Resolution of the Patent examination guidelines which completes Block I.  The new block contains rules regarding formal aspects of patent applications drafting matters such as title, claims, specification, drawings and abstracts.

Guidelines for examination of Utility Models and Biotechnology applications were also published by the Brazilian Patent Office. These guidelines seek to harmonize the patent application examination regarding to patentability requirements, matter not considered as invention, and the documents to be used as prior art. The definition of the documentation to be used as prior art establishes a wide definition for the use of Internet published material.

These guidelines set exact and known parameters for application analysis.