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BPTO updates guidelines for submission of appeals and administrative nullity proceedings in patent matters

On March 19, 2024, the Brazilian Patent and Trademark Office (BPTO) published a new Ordinance pertinent to submission of appeals and administrative nullity proceedings in patent cases.

These directives basically reaffirm the supplementary instructions published on February 27, 2024 (click here to read our client alert), as to the amendments that will be accepted at the Appellate stage, and the office action that will be raised by the BPTO so that the Applicant may adjust the appeal to the newly enacted regulations.

The change relates to applications under technical examination until April 1st, 2024, which have not been modified to conform with the updated regulatory framework. In these cases, the appeal may be admitted, provided that the Appellant justifies and proves the technical impossibility of adapting it to the current guidelines.

We understand that the terminology employed in this Ordinance remains vague and insufficient to preserve the legal safety of Applicants who may have lodged appeals before the new guidelines enter into force, thereby permitting the adjudication of such guidelines.

We will continue to closely monitor this issue and keep our clients apprised of the next developments.

Should you need any clarification, please contact us at