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Intellectual Property Bulletin

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BRAZIL

NEW GUIDELINES FOR THE EXAMINATION OF PATENT APPLICATION

The Brazilian Patent Office published the last January 2nd 2018, the new guidelines for the examination of patent applications related to chemical inventions

 

This new guideline states relevant rules regarding novelty of chemical inventions based on the previous art reveals. For example, the salts, N-oxides, esters and ethers cannot be discloses in the prior art; the stereoisomers will be considered new when the prior art does not describe the claimed enantiomer/atropisomer/diastereoisomer.

The guideline stablishes rules for clarity and sufficient description. The stereoisomers must be defined by its official nomenclature (IUPAC), the polymorph inventions must contain the identification data obtained by techniques for the physical-chemical characterization of solids, the generic expressions for solvates, hydrates, clathrates and co-crystals are not sufficient to describe the claimed object.

Furthermore, in the analogous process, if the start matter and/or final products complies with novelty and inventive step then the analogous process will be considered new and inventive as well.

Finally, if there are new uses for medical inventions, the claim must specify the disease to be treated.