>[30.Oct.18] Patents – INPI regulates pre-examination opinions
Source: INPI/BR [Adapted]

In continuation of a pilot project initiated on 23.Jan.2018, the Brazilian National Institute of Industrial Property (INPI/BR) published on 30.Oct.2018 the Resolution No. 227/2018, which regulates the examination of pending patent applications, using the results of searches carried out in Patent Offices of other countries, International or Regional Organizations.

By means of this instrument, it was established that the INPI will issue Formal Office Actions named “pre-examination” opinion pointing the prior art cited on the reports of foreign offices, which will be considered during the technical examination and the request to the applicant to adapt the application and/or present arguments regarding the patentability requirements, according to the documents cited in the opinion. The search report established by the Resolution will correspond to the search report of the technical examination. The examiners still may conduct new searches during the examination and add documents which are considered relevant.

With this proceeding, the INPI aims to pinpoint applications which are still of interest to the applicant, and to adjust the claim sets to the prior art beforehand, in order to expedite the substantive examination of the patent application.

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