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BRAZIL

NEW RULE FROM THE PATENT OFFICE FOR PCT APPLICATIONS

The Brazilian Patent Office (BPTO) has issued a new rule for expedite analysis of patent application filed under the PCT treaty.

 

The new rule stablishes that the BPTO will use the prior art search reports issued by International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA) for the examination of patent applications filed under the PCT Treaty in Brazil.

According to the new rule, the prior art search reports that will be conducted for patent applications claiming priority, shall incorporate the prior art searches carried out by the “Reference Offices” and no additional searches shall be conducted by the examiners.

This rule does not apply to patent applications that: a third party has filed an opposition, which are already under substantive examination, which were accepted under a fast-track examination program, or are under appeal stage.