BRAZIL: BRPTO implements new rules on amendments to patent applications during the appeal stage

BRPTO implements new rules on amendments to patent applications during the appeal stage

On February 27th, 2024, the Brazilian Patent and Trademark Office (BRPTO) published in the Official Bulletin No. 2773, new rules on amendments to patent applications during the appeal stage.

In summary, when amending rejected claims, applicants may make restrictive adjustments aimed at addressing objections raised during the initial examination, subject to certain criteria:

A. Amendments should directly address the reasons for rejection. Those unrelated to the rejection grounds will not be considered.

B. Changes should impose logical constraints on rejected claims. Subject matter removed during the initial examination cannot be reintroduced.

C. Restrictive changes must be consistent with dependent claims or result from a combination of independent/interconnected claims. Limitations based solely on the specification and not included in the rejected claims will not be accepted.

D. Changes to the application's nature are not permitted unless discussed during the initial examination. For instance, a patent application cannot be converted into a utility model application during an appeal without prior consideration.

The BRPTO will accept petitions to amend previously filed appeals until April 2nd, 2024.