BRPTO updates its guidelines for filing patent appeals
The Brazilian PTO recently updated its Guidelines for Filing Appeals and Post-Grant Oppositions to appeals. These guidelines are set in BRPTO's Ordinance No. 10, published in Official Gazette No. 2774 on March 4, 2024, which replaces previous Ordinance No. 7. They have taken effect on March 19, 2024.
These updates specifically address cases in which the required amendment brief, as outlined in the BRPTO's presidency order published in the Official Gazette No. 2764 on December 26, 2023, was not filed. These changes apply to appeals involving patent applications that received their initial technical opinion (publication code 6.1) or acknowledgement of technical opinion (publication code 7.1) before April 1, 2024. The General Coordination of Appeals (CGREC) has issued an office action requiring appellants to demonstrate and substantiate the technical impossibility of adhering to the Guidelines for Filing Appeals and Post-Grant Opposition Proceedings.
The new guidelines are effective immediately read more