Brazilian Patent Office (BPO) implements significant changes in Patent procedures in Brazil.

We would like to bring to your attention the recent developments announced by the Brazilian PTO.

Starting January 1st, 2024, the Brazilian Patent Office (BPO) will implement a significant change in the organization of the distribution and technical analysis of patent applications, according to the notice published in the Intellectual Property Gazette No. 2672, dated December 12, 2023. Instead of relying on the filing date, the BPO’s technical analysis order will be based on the examination request date (i.e., payment of the examination fee date). This strategic adjustment is intended to streamline the decision-making process on patents – reducing the time between entering the Brazilian filing date and granting as well as aligning Brazil with international practices – and strongly encourages the applicants to request examination at an earlier stage in order to expedite the patent prosecution.

Additionally, there is an update related to annuities as well. The BPO announced that, starting January 1st, 2024, annuity payments can be made 3 months in advance of the payment period opening (filing anniversary) and the official system will now automatically apply any annuity payment towards settling outstanding annuities.

If you need any further clarification, please contact us via email at lcordeiro@gruenbaum.com.br.