Brazil: PTO reduces patent backlog by 14% in just four months

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brazil: PTO reduces patent backlog by 14% in just four months

Sponsored by

daniel-400px.png
patent-backlog-min-final.jpg

The Brazilian PTO celebrated a remarkable achievement at the beginning of the new year. In just four months, the office managed to reduce the patent backlog by 14%. Further important milestones towards eliminating the backlog for good are expected to be reached throughout the year, as the office intends to reduce the backlog by 80% by 2021. This was all possible due to a pioneer project called the Preliminary Standardized Office Action Program, implemented in September 2019. Once the project is successfully completed, the PTO estimates it will take under 24 months to examine new applications.

This new programme divides applications into three groups:

Group I – applications with foreign counterpart already examined

Group II – applications with no foreign counterpart examined

Group III – applications subject to oppositions, fast-track, already examined by the PTO or Brazilian FDA, or filed after December 31 2016

Regarding Group I, the PTO publishes a standardised office action listing the prior art references identified by a foreign patent office. For Group II, the PTO carries out a search and publishes a standardised office action just listing the prior art found. In both cases, applicants have 90 days to respond, otherwise applications are dismissed with no right to appeal. Group III follows regular examination.

Standardised office actions receive no technical comments on patentability. They simply contain a list of prior art; applicants should amend the claims and/or present arguments. Further technical opinions may be later issued on patentability or formalities, but they are limited to the prior art listed before.

As the programme is already yielding great results, it should be a game changer for Brazil. If its goals are indeed achieved, the Brazilian PTO will be able to stand on an equal footing with its foreign counterparts in relation to the average patent examination time.

Ricardo Nunes and Rafael Salomao

more from across site and SHARED ros bottom lb

More from across our site

Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Gift this article