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ARTICLE · 17 AUGUST 2017

Patents Brazil: Proposal For Extraordinary And Simplified Granting Procedure

Such proposal has been placed for public consultation until next August 21st.

BrazilIntellectual Property

NEW REGULATION PROPOSAL FOR SIMPLIFIED GRANTING PROCEDURE OF PATENT APPLICATIONS IN BRAZIL IS PLACED FOR PUBLIC CONSULTATION

After the recent revocation of Resolution 193 of June 7, 2017 which established the accelerated analysis of patent applications filed via PCT based on a favorable technical report issued for a counterpart case, a new Regulation proposal for a simplified granting procedure of patent applications is being studied by the Ministry of Industry and Foreign Trade and Services (MDIC) and The Brazilian PTO. Such proposal has been placed for public consultation until next August 21st.

The Regulation proposal establishes the rules for an application to be automatically allowed (without the examination on the merits) and would be applicable only for the applications which the filing or the national phase entry petitions have been docketed by the date that the Regulation comes into force.

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