Brazil Revises Its Patent Examination Guidelines For New Use Inventions: Key Changes And Remaining Challenges

BRPTO’s Rule #208/2017 sets forth the Examination Guidelines for Patent Applications in the Field of Chemistry, specifically addressing, in Chapter 9, the criteria for evaluating new uses of known products – particularly new medical uses – in Brazil.

On June 30, 2026, the BRPTO published and enacted Ordinance #80/2026, amending Chapter 9 and concluding the public consultation process initiated almost one year earlier through Call for Contributions #02/2025.

Compared to the initial draft published under Call for Contributions #02/2025, the final and official text reflects the efforts of stakeholders, including Brazilian and International associations, to achieve more balanced requirements, demonstrating the importance of a transparent dialogue between the IP community and the BRPTO.