24 January 2018
Brasília
Reporter: Barney Dixon

Brazil implements patent backlog reduction pilot


The Brazilian Patent and Trademark Office (BPTO) has implemented a pilot programme that could tackle the backlog of patent applications at the office.

Currently, waiting times in Brazil can average more than 10 years in all technical fields. In mobile technology, patent wait times can average more than 14 years.

According to Brazilian intellectual property law firm Di Blasi Parente & Associados, the programme will be a pre-examination, “taking into account irregularities related to prior art, indicated by other IP offices, and allowing applicants in Brazil to address those ahead of full examination”.

Each technical division at the BPTO will issue 40 pre-examination opinions, after which the applicant will have 60 days to reply.

According to Di Blasi, the measure “should address the patent backlog in Brazil, as it might reduce the number of full technical examinations performed by the BPTO and can also anticipate the office’s technical considerations beforehand”.

“Despite that, it is still a pilot programme, which means that the BPTO will evaluate its development and results before considering implementing it in the patent prosecution process.”

The BPTO conducted public hearings on proposals for the programme in August 2017.

The scheme would eliminate patentability analysis and allow applications to proceed to grant in most cases.

Under the proposed programme, 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.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Countries should break IP rules to ensure growth, says report
23 February 2018 | London | Reporter: Barney Dixon
Countries such as India and China should break harmonised intellectual property rules to avoid protectionist measures from the US and EU, according to a new report from Gowling WLG
EPO employment proposal halted
22 February 2018 | Munich | Reporter: Barney Dixon
A proposal to scrap permanent employment contracts at the EPO has been halted and a controversial article within it withdrawn, a source close to the Staff Union of the EPO has confirmed
UPC complaint to be heard in 2018
22 February 2018 | Karlsruhe | Reporter: Barney Dixon
The German Federal Constitutional Court will hear the constitutional complaint against the UPC in 2018
Cabinet Plasseraud promotes four to partner
21 February 2018 | Paris | Reporter: Barney Dixon
Cabinet Plasseraud has appointed for intellectual property attorneys to partner
NPE litigation in Europe sees continued growth
20 February 2018 | Brussels | Reporter: Barney Dixon
NPE litigation and enforcement in Europe has increased by an average almost 20 percent year-on-year since 2007, according to a new report from Darts-IP
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
Sheppard, Mullin, Richter & Hampton promotes four to partner
16 February 2018 | California | Reporter: Barney Dixon
Sheppard, Mullin, Richter & Hampton has promoted four intellectual property attorneys to partner across its Shanghai, San Diego and San Francisco offices