09th January, 2018
During August 2017, the Brazilian Government opened for public consultations a proposal for an alternative simplified procedure for granting patents without substantive examination. The purpose of the proposal relies in drastically reducing the existing backlog in patent examination.
Many comments and suggestions were received during that period, some in the sense of improving the proposal, while others completely objected against it as creating legal uncertainty. The proposal as published excludes applications for pharmaceutical products and processes, and imposes certain requirements for an application to be eligible for the simplified procedure. According to the proposal as published, from publication of a notice of eligibility, an applicant may opt out of the procedure within 90 days, and the application will then proceed to regular substantive examination.
Doubts remain whether in view of strong criticism a simplified procedure will still be enacted. The recent resignation of the minister of industry and commerce, who was one of the main sponsors of the proposal, casts additional shadows on the prospects of approval of such procedure.