ARTIKEL, MITTEILUNGEN UND MEDIENBERICHTE
News | BRPTO establishes a new Ordinance for patent applications pending technical examination14/04/2022
Up until now, the rules issued by the BRPTO covered patent applications with filing dates up to December 31, 2017. However, according to the most recent Ordinance No. 34/2022, published on April 12, 2022, any patent application pending examination and having searches performed by foreign counterpart applications will be eligible to receive preliminary Office Actions.
Pursuant to this new Ordinance, in order to be eligible to receive a Preliminary Office Action, the patent applications should meet the following requirements:
- • Not having been submitted to the first technical examination before the BRPTO;
- • Not having been the object of a fast-track examination request before the BRPTO;
- • No third-party observations presented by any third party or by ANVISA (Brazilian Food and Drug Administration Agency);
- • Having a counterpart application with prior art searches conducted by international Patent Offices.
For further information (in Portuguese) click here.