(BRPTO’s IP gazette of June 13th, 2017)
The BRPTO published today, June 13th, 2017, Rule #193/2017 which establishes the use of priorart search reports issued by International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA), hereinafter “reference offices” (Annex I), for patent applications filed under the PCT Agreement.
According to Article 3 of Rule #193/2017, prior art search reports, statutorily established by Article 35(1) of the Brazilian Patent Statute (Law #9,279/96), for patent applications claiming priority of an earlier application, which came from a reference office, shall incorporate the prior art searches carried out by the respective reference office into them. The sole paragraph of Article 3 establishes that no supplementary searches shall be carried out.
This procedure aims at expediting the examination of applications by increasing the examiners’ productivity at circa 20%, as indicated in Article 5 of Rule #193/2017.
According to Article 6 of Rule #193/2017, applications (i) for which third party observations have been submitted; (ii) under substantive examination; (iii) accepted under a fast-track examination program; or (iv) at the appeal stage, shall not benefit from the provisions of this Rule.
Rule #193/2017 shall be effective as of August 12, 2017, as established by Rule #196/2017, issued on June 20, 2017.
The original Portuguese version of Rule #193/2017 is available here and the English version of Rule #193/2017 can be downloaded here. The Japanese version will be available soon. For more information, please contact firstname.lastname@example.org
1 Article 35. At the time of the substantive examination, a search report and an opinion will be prepared with respect to:
I. the patentability of the application; II. the adaptation of the application to the nature of protection claimed;
III. the reformulation of the application or the division thereof; or IV. technical requirements.
|Authorities recognized as International Searching and International
Preliminary Examining Authorities under the PCT
|AT||Austrian Patent Office|
|AU||Australian Patent Office|
|BR||National Institute of Industrial Property (Brazil)|
|CA||Canadian Intellectual Property Office|
|CL||National Institute of Industrial Property of Chile|
|CN||State Intellectual Property Office of the People’s Republic of China|
|EG||Egyptian Patent Office|
|EP||European Patent Office (EPO)|
|ES||Spanish Patent and Trademark Office|
|FI||Finish Patent and Registration Office (PRH)|
|IL||Israel Patent Office|
|IN||Indian Patent Office|
|JP||Japan Patent Office|
|KR||Korean Intellectual Property Office|
|RU||Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation)|
|SE||Swedish Patent and Registration Office|
|SG||Intellectual Property Office of Singapore|
|TR||Turkish Patent and Trademark Office|
|UA||State Intellectual Property Service of Ukraine|
|US||United States Patent and Trademark Office (USPTO)|
|XN||Nordic Patent Institute|
|XV||Visegrad Patent Institute|