On July 9, the Brazilian Patent and Trademark Office (BRPTO) published two decisions (240/19 and 241/10) which, together with other recently adopted measures, intend to speed up patent application examinations. To that end, the searches conducted during the prosecution of similar cases are mainly used, for which the search report has already been used.
Less than two months later, and taking our internal data as a reference, we detected the effectiveness of the decisions. Taking into account the latest publications of Office Actions (OAs) of a technical nature, we estimate that in the third quarter of 2019, BRPTO will produce close to 3 times more OAs than the average of the last four quarters. It is important to note that since 2018 the “pilots” of the new decisions were already generating an important impact, leading to a 60% growth over the number of OAs of 2017.
It is important for the companies with patents affected by the backlog in Brazil to take into account this significant increase in their planning. These OAs demand careful technical replies in order to ensure the appropriate protection of their rights.
In ClarkeModet Brazil we have a large team of experts in Patents in order to advise you on the protection and exploitation of your patents in the country in the most appropriate manner. Our work in Patent Prosecution has been recognized in the IP STARS 2019 and LEADERS LEAGUE 2019 ranking.
For any query about the new procedure, do not hesitate to contact us.