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ARTICLE · 08 DECEMBER 2017

Pulling The Plug On INPI's Backlog

Daniel Law
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Brazil's government is expected soon to launch an emergency measure to eliminate the Brazilian Patent and Trademark Office's (INPI) backlog by automatically granting 231,000 pending non-pharmaceutical applications.

BrazilIntellectual Property
André Venturini
André Venturini
Rana Gosain
Rana Gosain
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Brazil's government is expected soon to launch an emergency measure to eliminate the Brazilian Patent and Trademark Office's (INPI) backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new measure have already been made available for public comments.

The deadline for submission of comments was August 31, 2017. During recent meetings, INPI officials commented that certain proposals made by local associations add complexity to the process.

While it is still difficult to know the exact details and timing for this measure, companies may soon need to deploy a strategy with a timeframe as short as 90 days to take full advantage of the new system while minimising potential risks by both effectively using the proposed opt-out system for selected applications and filing pre-grant oppositions against competitors.

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