Brazil Simplifies Patent Prosecution

Two new patent prosecution guidelines have been issued by the Brazilian PTO and are scheduled to take effect in October. 

The first guideline governs the format and content of patent applications. It enhances the process by streamlining electronic filings and providing greater transparency through clearer guidelines on specific requirements. This guideline addresses the formalities and content of patent applications, including provisions related to priority claims, grace periods, divisional applications, and the submission of amendments.

Significant changes were introduced for divisional applications, for instance, requiring a document that highlights the differences between the sets of claims in the divisional and original applications. In cases where there is an overlap in the scopes of protection of the two applications, the claims of the original application must be adjusted to exclude the subject matter claimed in the divisional application.

Additionally, for any amendments made to a pending patent application, a version showing the changes must be submitted, with additions underlined and deletions struck through. Alternatively, an extensive explanation that clearly identifies the changes can be submitted.

With respect to patent applications and granted patents, the second guideline facilitates changes such as name and address updates, and assignment of rights. The most significant modification is the removal of the requirement for certified translations of foreign documents, now allowing simple translations.

These new guidelines aim to give applicants more clarity, streamline the patent process, and demonstrate the BPTO’s commitment to improving Brazil’s intellectual property system.”

The Intellectual Property team of Souto Correa is available to provide more information and clarifications on the matter.