Further to Resolutions Nos. 240 and 241, of July 9, 2019, the Brazilian Patent and Trademark Office (BPTO) published, on March 30, 2021, the Ordinance No. 241, which extends the proceedings related to the issuance of a preliminary office action to patent applications filed between January 1st and December 31st, 2017, so as to collaborate to the reduction of the patent backlog.
According to the aforesaid Ordinance, in force since April 1st, 2021, the BPTO will list the same prior documents already identified by foreign Patent Offices and, if necessary, will supplement the search report. Thus, the applicant may submit the same granted claims of a counterpart patent and/or technical arguments in favor of the claimed invention.
Lastly, the applicant must submit a response to such preliminary office action within 90 days counted from its publication.
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