The controversy regarding amendments to patent applications in Brazil

November 13, 2020

The controversy regarding amendments to patent applications in Brazil – A new chapter begins

As reported in our Newsletter #06, sent in March 2019, the Public Civil Action filed in 2002 by the Federal Public Prosecution Office (PPO) generated heated debates around the interpretation of section 32 of the Industrial Property Act (IPA – Law #9,279/1996) concerning the examination of patent applications.

In summary, the PPO argued that voluntary changes to the scope of the claims of a patent application, by (restrict) interpretation of section 32 of the IPA, could only be submitted until the examination request. Even so, this amendment request should be limited to the matter initially revealed in the application.

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