Standardization of patent priority examination procedures

Posted on: 12/7/2019

Standardization of patent priority examination procedures

Aiming at rendering the priority examination procedure faster and simpler, the Brazilian Patent Office (BPTO) standardized the requirements and improved the proceedings for the different modalities. With the changes, the time to analyze the request for priority examination should be up to one month and the examination may occur in about four months.

In a single resolution, Resolution No. 239/2019, the BPTO included all the already existed priority examination modalities (see table below), being the main innovations the following:

1) Standardization of some basic requirements: (i) the applications must be published (or the early publication already requested), (ii) the examination fee must be paid, (iii) there must be no voluntary division or amendments of the application by the applicant between the request for priority examination and the decision of such procedure; and (iv) for divisional applications, the parent application and all the divisionals must have requested the priority examination based in any available modality of priority examination procedure and must, simultaneously, meet the requirements of the respective modality.

It should be noticed, however, that there may be specific requirements directed to some particular modalities.

2) Possibility of requesting priority examination during all the patent prosecution stages - the priority procedure may be requested and granted from the filing of the patent application until the end of the administrative sphere at the BPTO, including the appeal and nullity phases.

3) Change of the service codes for the corresponding official fee payment form.


Priority examination: - Elder Applicant; - Applicant with disability; - Applicant with serious diseases.

Collaborative priority examination: - PPH - USPTO; - PPH - JPO; - PPH - PROSUL; - PPH - EPO; - PPH - SIPO; - PPH - UKIPO; - PPH – DKPTO.

Strategic priority examination: - Green technology; - Applicant being Scientific, Technological and Innovation Institutions (ICTs); - Applicant being Micro or Small Companies (MPE); - Technology for health treatment; - Applicant accuses counterfeit; - Third party accused of counterfeit; - Third party holder of technology of a patent application; - Release of financial resources; - Patent family initiated in Brazil (BR Priority).

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