16 March 2016
Reporter: Tammy Facey

Brazilian patent examination speeds up

The Brazilian Patent and Trademark Office (BPTO) will speed up certain patent applications in a bid to manage the current backlog.

Di Blasi and Associados shared in a client note that the BPTO has expanded its rules to accelerate the examination process.

The rules for examination have been expanded to include the grant of a patent if its subject matter is being reproduced by unauthorised third parties.

Third parties can also request accelerated examination if they are accused of unauthorised reproduction of the subject matter of the patent application.

Applications concerning pharmaceutical products and treatment of certain diseases, including AIDS and neglected tropical diseases, may also be privy to accelerated examination.

The BPTO established the Priority Examination Committee in 2013 to be responsible for the analysis of applications. To be considered for priority examination, the patent applications must have already been published.

Di Blasi explained that the “huge” backlog of patent application examination has been the “ongoing subject of discussions concerning the BPTO”.

The BPTO also signed a Patent Prosecution Highway agreement with the US Patent and Trademark Office in November 2015 related to oil and gas applications.

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