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A significant update in substantive examination proceedings in Brazil

By: Ricardo Boclin

December 14, 2023

The sooner the request for examination is filed the faster will be the prosecution of the patent application.

According to the communication from the Brazilian PTO published in the Official Gazette on December 12th, 2023, starting from January 1st, 2024, the substantive examination sequence of all patent applications pending in Brazil will be based on the request for examination date. Therefore, it is expected that the sooner the examination fees are settled the faster will be the prosecution of the patent application.

However, we would like to draw your attention to the potential implications of advancing the payment of examination fees. This may impede the filing of voluntary amendments and restrict the strategic option of submitting divisional applications at a later stage in the prosecution, in line with the limitations imposed by Brazilian patent practice.

Please feel free to contact us if you require information regarding the examination procedure in Brazil and the risks associated with advancing the payment of examination fees.

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