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New measures to combat the patent backlog

Posted on: 4/5/2021

Patent backlog

On April 1, 2021, Ordinance No. 21, published by the Brazilian PTO, entered into force, extending the issuance of preliminary office actions for invention patent applications, filed from January 1 to December 31, 2017 and pending examination, using the results of prior art searches performed in other Patent Offices. Until now, the issuance of preliminary office actions was restricted to applications filed until December 31, 2016.

Although the formal requirements and procedures established by Ordinance No. 21 are similar to those applied to the patent applications filed until December 31, 2016, the Brazilian PTO may now complement the prior art search and include other documents in addition to those cited in the preliminary office action.

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