Patent applications: BPTO shifts priority to examination request dates for faster decisions in Brazil

The Brazilian Patent and Trademark Office (BPTO) has just announced that it will now order the distribution and technical examination of patent applications in Brazil by the date of the examination request, instead of the date of their filing. This change, which will take effect on January 1st, 2024, aims to speed up patent decisions by encouraging applicants to request technical examination earlier.

According to Article 33 of the Brazilian IP Law, the request for examination is mandatory within 36 months from the filing date. However, the BPTO believes that this rule prevents them from further accelerating decisions in Brazil and achieving the international standards, especially because most of the applicants tend to proceed with the request close to the deadline.

Since the BPTO only allows for voluntary amendments to patent applications before the examination request, a significant portion of applicants often choose to initiate examination near the 36-month mark.

The recent BPTO decision to base examination queue order on examination request dates, rather than filing dates, introduces a significant shift in patent prosecution dynamics. This is likely to affect how applicants approach amendments, potentially incentivizing earlier filing of requests.

Our team is closely monitoring the implications for clients and remains available to discuss optimal strategies and provide further clarification. Please feel free to contact mail@kasznarleonardos.com if you have any questions or would like to discuss about your specific project.