Brazil: PTO reduces patent backlog by 14% in just four months
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

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

Sponsored by


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 ros bottom lb

More from across our site

Sources debate the implications of an opinion by Delaware’s chief judge Colm Connolly that lambasted the NPE IP Edge
Five partners reveal how delays in examining trademark applications are affecting their advice to clients and how they pitch new work
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Partners at Quinn Emanuel explain how walkie-talkie and real-estate analogies helped them win over a jury at the Eastern District of Texas
The heads of Malaysian firm HHQ’s new technology practice group say they can be frontline advisers on the intersection between AI, blockchain, and IP
Darren Jiron, Finnegan’s managing partner in London, discusses the firm’s growth plans and misconceptions about US firm culture
The EMEA region research cycle has commenced - do not miss this opportunity to nominate your work from 2023!
A former partner at Stroock & Stroock & Lavan, which voted to dissolve in October, has joined McCarter & English
As ChatGPT celebrates its first birthday, we are still grappling with a multitude of IP concerns
Sources say an official role at an IP industry body is great for generating business leads, but that shouldn’t be the only motivation behind taking on the responsibility