BRAZIL: BRPTO issues a new Ordinance regarding Preliminary Examination procedures

BRPTO issues a new Ordinance regarding Preliminary Examination procedures

In an attempt to reduce the patent backlog, the Brazilian Patent Office (BRPTO) published in the Official Bulletin No. 2621 dated March 30, 2021, Ordinance 21/2021, which expands the preliminary examination procedures to encompass patent applications filed from January 01, 2017, to December 31, 2017.

This Ordinance applies to patent applications:

• not submitted to the first technical examination carried out by BRPTO;

• not subject to any type of priority examination by BRPTO;

• not containing third-party or ANVISA’s observations;

• having a corresponding application with prior art searches carried out by foreign Patent Offices and International or Regional Organizations;

• with a filing date up to December 31, 2017.