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In June 2017, the BPTO published  Normative Instruction n° 02/2017, which establishes the automatic admission of PCT patent applications pending admission to the national phase in Brazil.

Per this Normative Instruction, PCT patent applications that are currently pending admission to proceed to the Brazilian national phase, submitted to the BPTO from January 1, 2013 to December 31, 2016, will automatically be admitted to the national phase for analysis within the next 4 months.

The formal analysis of PCT-related documents will be carried out prior to the technical examination. If the BPTO requests additional documents and the applicant does not comply, the BPTO will then revoke the Brazilian national phase admission issued.

This Normative Instruction will not affect PCT patent applications that comprise sequence listing and those requests for which admissibility analysis is already in process.

With this directive, the BPTO aims to significantly reduce its pending PCT patent application backlog. According to the Brazilian Patent and Trademark Office, approximately 80,000 patent requests will be affected by this measure.

For more information, please feel free to contact us.

Read it in PDF: Newsletter - admissibilidade automatica PCT  (bilingual)

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