Recently, the Brazilian National Institute of Industrial Property (INPI) released two Ordinances in the IP Gazette dated September 3, 2024, introducing modifications to the procedures for handling patent applications. One outlines general principles to interpret and adhere to the Industrial Property Law, specifying the requirements for the format and content of patent applications and supplementary certificates. The other revises and updates the Guidelines for the Examination of Patent Applications Block I. Key changes could be concluded into the followings.
First, extending the timeframe for dividing a patent application until the conclusion of the first-instance examination process, which is now defined as the date of publishing decisions on application grant, rejection, or definitively suspension. Notably, this deadline no longer applies to automatic divisions initiated by the INPI, enabling divisional applications to be filed during the appeal stage upon the office's request.
Second, divisional applications must now include a marked-up copy highlighting the distinctive features of the claims set in comparison to the last set presented in the original application. If there's an overlap in the scope claimed between the original and divisional applications, the original application's claims must be revised to exclude the subject matter covered in the divisional application.
Third, new Ordinances also address broader amendments to patent applications, stipulating that any modifications made after the filing date must be accompanied by a marked-up copy that clearly identifies the alterations using strikethroughs for deletions and underlining for additions or substitutions. Alternatively, a detailed explanation pinpointing the specific changes, including page numbers, excerpts, and types of modifications, can be provided.
The Ordinances will take effect 30 days after their publication in the IP Gazette, on October 3, 2024, providing stakeholders with a transition period to adapt to the new regulations.
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