Important News – Preliminary Office Action For Brazilian Patent Applications

The Brazilian Patent and Trademark Office – BPTO – published on July 07th 2019, two Resolutions, 240/19 and 241/19, related to a Project to Diminish the Patent Backlog.

Both resolutions aim to substantially reduce the number of pending patent applications over a period of two years. Accordingly, preliminary office actions will be issued to all pending patent applications filed until December 31, 2016.

The Resolution No. 241/2019 establishes the publication of an office action (code 6.21) for patent applications with prior art searches already available in other countries, which will point out the prior art cited in other countries, and, the Resolution No. 240/2019 establishes that a preliminary office action will be issued (code 6.22) where a search report with relevant prior art detected by the Brazilian examiner will be informed.

In both cases, office actions shall be complied within 90 days for the examination to continue. The lack of response by the Applicant within the legal term will be considered an abandonment of the application based on the art. 36 of the Law 9279/96.

These office actions will not be issued to patent applications where technical examination is on course, priority examination requests or third-party opinions.