The Brazilian Patent and Trademark Office (BPTO) published Normative Ordinance No. 49/2026, dated January 22, 2026, approving the Regulatory Agenda for the triennial period of 2026-2028.
A key topic of this agenda concerns the establishment of clear rules for submitting alternative claim sets during prosecution of patent applications. Although this practice is already accepted by the BPTO, it still lacks specific regulation to guide Applicants. The future regulation aims to modernize the Brazilian system and provide greater predictability and legal certainty for protection strategies, aligning the country with the standards of leading global patent offices.
We will be closely monitoring the discussions to keep our clients abreast of any new developments on the matter.