January 5, 2018

Guidelines for Examination of Patent Applications in the Field of Chemistry

Following our Notice sent on March 2017, regarding the public consultation on the

Guidelines for Examination of Patent Applications in the field of Chemistry, this is to inform the publication of the Resolution No. 208, dated December 27, 2017, by which these Guidelines were implemented.

The recent Resolution regulates the examination of patent applications in the field of Chemistry, complementing and detailing the rules previously established by the Patent Examination Guidelines of the Brazilian Patent Office, Part I (Resolution No. 124/2013) and Part II (Resolution No. 169/2016).

This resolution came into force on January 02, 2018, date of its publication in the Official Gazette (RPI).

This matter was previously regulated by the “Guidelines for the Examination of Patent Applications in the Fields of Biotechnology and Pharmacy”. An opinion published on August 6 2002, in the Official Gazette #1648, gave the Patent Office's interpretation regarding the normative effects of those “Guidelines”. Such effects are now revoked for patent applications filed after December 31 1994.

The Resolution defines the patentability criteria of some essential topics in this area. Due to its relevance, a complementary Newsletter will be sent as soon as feasible, containing the most significant definitions with a careful analysis from our side.

In case you need further information on this topic, we are at your disposal in our offices of Rio de Janeiro, São Paulo and Porto Alegre, as well as through: mail@kasznarleonardos.com

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