The Brazilian PTO published a draft guidelines for the
examination of patent applications related to the chemical field
(please find enclosed an English version
thereof). Any comments and suggestions regarding such draft
guidelines must be submitted up to May 16, 2017.
These new guidelines are supplementary to the content of
Brazilian PTO's Rules 124/2013 and 169/2016 (Guidelines for
Patent Applications Examination – Parts I and II,
respectively). In a general aspect, the Brazilian PTO reiterated
and exemplified the understanding already adopted during the
examination of chemical and pharma patent applications. The main
aspects addressed in said draft guidelines are as follows:
i. Chemical compound definition: the most accurate form to
define a chemical compound is by its chemical structure or chemical
name, that is, compound independent claims defined only by its
physical, physicochemical or biological properties, as well as by
its use or application, are not
