New Patent Rules in Brazil: Key Changes Under Ordinances 14 and 16
On September 3, 2024, the Brazilian Patent and Trademark Office (INPI) published Ordinance INPI/DIRPA No. 14 establishing updated rules regarding the formal requirements and content of patent applications and certificates of addition and Ordinance INPI/DIRPA No. 16 revising and republishing the Guidelines for Examining Patent Applications.
The changes came into force on October 3rd, 2024, providing a 30-day transition period following publication.
The most significant changes include:
- Divisional Patent Applications: A divisional patent application can now be filed until the date of publication of the decision on the original application (grant, rejection, or shelving). This new definition of “final date” applies only to voluntary divisions, while ex officio divisions requested by the INPI can now occur during the appeal phase.
- Divisional Application Requirements: A divisional application must include a marked-up version of the parent application’s claims, highlighting the differences between the claims of the divisional and the last set of claims from the original application. If the claims of a divisional application overlap with those of the original, the original application must be amended to remove the overlapping claims.
- Amendment Requirements: Any post-filing amendments must be accompanied by a marked-up version or a comparison chart, alongside the clean amended version.
These updates aim to streamline procedures but may require careful analysis for specific cases. We are available to address any questions or provide additional guidance on how these changes may affect ongoing or future applications.
For further information, please contact rmauro@ojambf.com
