On March 19, 2024, the BRPTO updated the rules to admit appeals where the amendment brief referred to in the BRPTO´s presidency order, as published in BRPTO's Official Gazette #2764, of December 26, 2023, was not submitted. The changes now relate to appeals for patent applications with their first technical opinion (publication code 6.1), or acknowledgment of technical opinion (publication code 7.1) published by April 1, 2024. As per the office action issued by the General Coordination of Appeals (CGREC), appellants are obligated to “justify and prove the technical impossibility of compliance” with the Guidelines for Submitting Appeals and Post-Grant Opposition Proceedings[1].

The new Guidelines, issued as BRPTO's Ordinance #10, of March 8, 2024, take effect today, superseding BRPTO's Ordinance #7, dated March 4, 2024, and published in BRPTO's Official Gazette #2774. The full text of BRPTO's Ordinance #10 can be accessed here.

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_{1 Text included: “In the absence of the amendment brief referred to in the BRPTO´s presidency order, as published in BRPTO’s Official Gazette #2764, of December 26, 2023, appeals arising from patent applications that have received their technical office action (publication code 6.1), or acknowledgement of technical opinion (publication code 7.1) published by April 1, 2024, will be accepted and granted. In such instances, it will be up to the appellant, upon compliance with the office action issued by the General Coordination of Appeals (CGREC), to justify and prove the technical impossibility of compliance with these Guidelines for Submitting Appeals and Post-grant Opposition Proceedings.”}

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