Brazilian PTO: New Rules On Requests For Priority Examination Of Patent Applications

Author:Ms Vivianne Banasiak
Profession:Moeller IP Advisors
 
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On June 18, 2019, the Brazilian Patent Office (BPTO) published in the Industrial Property Gazette (often referred to as RPI) Resolution 239/2019 and Instruction #01/2019 (available here) that regulate the conditions for prioritized examination requests of patent applications. The new rules will be valid for some fast track programmes in Brazil, with the aim of simplifying and streamlining the proceedings.

The fast track programmes under the new Resolution 239/2019 are:

patent applications due to applicant aged 60 or above; applicant suffering from functional or mental disabilities or other severe disease; applications under specific situations, such as when the unauthorized reproduction of the subject matter of a patent application is taking place in Brazil or when and where an applicant is in need of a granted patent to receive BR funds to exploit the subject matter of the patent; applications relevant for national emergency or public interest (Resolution 151/2015); Applications filed by Brazilian micro and small entities (Resolution 236/2019); Applications related to eco-friendly and green technologies (Resolution 175/2016); Applications first filed at the BRPTO (Resolution 212/2018); Applications related to diagnosis, prophylaxis and treatment of AIDS, cancer, rare diseases or (pre-defined) neglected diseases (Resolution 80/2013 and 217/2018). In this respect, all the abovementioned Resolutions, namely 151/2015, 236/2019, 175/2016, 212/2018...

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