New Brazilian Patent and Trademark Office electronic filing regulations can cause missing of deadlines

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May 15, 2017


The Brazilian Patent and Trademark Office (BRPTO) published through Patent Office Gazette No. 2418 of March 9th, 2017 the Resolution # 190 which eliminates the possibility of some services being carried out in paper format.

From now on, several services can only be carried out through electronic filing.  The most important which involve deadlines are:

– Late filing of documents; and

– Filing amendments in the application.

Since Resolution #190 is already in force and BRPTO electronic filing system may inolve instability, the advice is to forward the missing documents/voluntary amendments before the prescribed deadline.  Extensions can be available in very special situations but it depends on the BRPTO discretion and we usually avoid this procedure.  For documents related to the filing of the application, for example, priority documents and assignment of rights, we usually recommend submitting them together with the filing of the application in order to save expenses and avoid missing of deadlines.

The remaining services which can only be carried out through electronic filings are: Presentation of Sequence Listing after filing; Request for anticipated publication; Request for recordal of applicant’s name and adress changes; Request for ownership transfer recordal; Filing third-part observations; Offer to license of the patent with a view to its exploitation or renewal of the offer; Request for fast-track examination; Request for inclusion in the PPH program; Desistance or waiver; Request for certificates; Request for re-issuance of the letters-patent or certificate of addition of an invention; Request for search and preliminary opinion about patentability; and Request for complement of the search and preliminary opinion.

The original version of Resolution # 190 can be downloaded here.  If you need an English version thereof, please let us know.



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