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Brazilian PTO (BRPTO) issues Rule #189/2017 implementing new procedures for the submission of documents and information after the filing of a patent application

May 10, 2017

(BRPTO’s IP gazette of May 9 th, 2017)

The BRPTO published yesterday, May 9 th , 2017, Rule #189/2017 implementing new procedures for the submission of documents and information after the filing of a patent application.

Rule #189/2017 establishes that any service not specified in the BRPTO official fee table, must be requested under the code 260, related to “other petitions”, of the BRPTO’s current official fee table. This practice was already adopted by the BRPTO.

The most significant provision of rule #189/2017 is under paragraph 1 of article 2, which establishes that each document/request must be submitted with its own petition and corresponding official fee payment. In detail, each category of documents filed under the code 260 (“other petitions”) will require its own petition, bank payment slip and payment proof.

For example, if the applicant fails to submit the translation of the written description, assignment of priority rights, priority document and power of attorney together with the application filing petition, he/she shall submit, within the legal deadline, four (4) different petitions, corresponding to the late filing of each of the said documents.

Although the BRPTO affirms that this new procedure will simplify and speed up the technical
examination proceedings, we understand that it increases the costs and the bureaucracy in the patent application prosecution and does not comply with the principle of procedural economy.

Rule #189/2017 shall be effective as of May 9, 2017.

The original Portuguese version of Rule #189/2017 is available here. For more information, please contact info@lickslegal.com