Ordinance No. 53, published by the Brazilian Patent and Trademark Office (BRPTO) on December 16, 2021, established Phase II of the priority examination for patent applications with Technology Made Available in the Market, in which the claimed object, in whole or in part, was licensed, put for sale, imported, or exported, having the Brazilian market as reference, and for patent applications with Technology Resulting from Public Funding, in which the claimed object was the result of direct financial support arising from public revenues with the express purpose of its development.

In summary, Phase II establishes the following limits:

• • the request for priority examination shall be made within 01/01/2022 and 12/31/2023;

• • a request for priority examination can be made for patent applications of the same applicant or owner within a weekly cycle;

• • up to 100 (one hundred) requests for participation in the Pilot-projects can be made for patent applications fitting into the same International Patent Classification (IPC) Section, per annual cycle;

• • up to 400 (four hundred) requests to participate may be received per annual cycle; and

• • the Pilot-projects will be extended until the end of the administrative instance at the BRPTO of all patent applications with priority.

The Ordinance entered into force on 01/01/2022, and, therefore, previous Ordinance No. 294, of August 05, 2020, was revoked.

Click here to read the complete Ordinance (in Portuguese).

 

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