14 August 2017
Brasília
Reporter: Barney Dixon

BPO takes radical approach to patent backlog


The Brazilian Patent Office (BPO) intends to eliminate patentability analysis and allow applications to proceed to grant in most cases, in a bid to tackle its backlog.

Applications will be reviewed under a simplified examination procedure in most cases, according to law firm Di Blasi Parente & Associados.

Pharmaceutical patent applications, applications for certificates of addition, divisional applications that originated from a parent application that has already been analysed, and patent applications subject to third-party observations, will still be subject to normal examination.

Applicants who filed with the BPO or through the Patent Cooperation Treaty national phase before the new procedure comes into effect will be granted expedited examination.

National phase entries made after the implementation will still be subject to normal examination.

Di Blasi Parente & Associados said the procedure would not affect current rules on patent-eligible subject matter.

The BPO is conducting public hearings on the proposal and interested parties have until 21 August to submit comments.

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