BPTO starts publications about the Combat Patent Backlog Plan

The BPTO published in the Industrial Property Journal (RPI) on Tuesday (July 23, 2019) the first orders of the preliminary requirement (code 6.21) referring to the Combat Patent Backlog Plan. The procedure contemplates the patent applications in which BPTO incorporated the search report made by offices of other countries, according to the terms of Resolution No. 241/19.

The purpose of the published requirement is for the Applicant to express himself/herself on the documents cited and, if necessary, make adjustments to the application. Only after the response of the applicant, the BPTO’s Examiner will evaluate whether or not the patent should be granted, based on the Brazilian Industrial Property Law (9,279 / 1996). If the Applicant does not appear, the application will be definitively filed.

In order for users to be able to organize themselves to meet the requirements, the BPTO published statements in three editions of its official journal about this subject.


The Board of Patents teams underwent intense preparation weeks before the Patent Backlog Plan was put into practice. New procedures were developed by the Quality Group and trainings were conducted with heads and examiners on the procedures to be implemented.

In early July, a general meeting was held to align information on planning, project implementation, and future capacity building, quality, and studies to address the current demand for order deposits. Examiners filled out at the regional units followed the distance meeting, so that they were also ready to support and inform users in the different states of Brazil.


News from: BPTO

The Future of IP

It has become emblematic, in the first decades of the XXI century and with the gradual growth of the demand for services in Intellectual Property before the national IP offices, the initiative from many governments and international institutions to find means for the reduction of backlogs and the time spent by the applicant in obtaining a Letter Patent or a Certificate of Registration.

The first step in this painful process is to first recognize, in a national level, that a country that aims to be recognized as a strategic market cannot take a decade or so to grant a document to an applicant that will give him exclusive right over an IP asset; mostly because the expectation of rights (for the Patent, at least) usually is not enough to convince investors or other economical agents that may be interested in the asset. For the trademark, it’s even worse: only a Certificate is really useful in the negotiation of a license.

The second step, logically, is to study means to expedite the proceedings, without incurring in damages to the applicants. It’s true that a massive backlog is damaging enough, economically, but the improperly examination of a Patent or a Trademark can do even less for the assurance of a market.

Thus, in the many study groups that the national IP offices (and the Brazilian PTO, among them) established to find solutions for the backlogs and slow proceedings for each of their offices, they considered bilateral international agreements.

That’s the point, fortunately, that Brazil finds itself at this moment. In the last year our officials have been profusely busy negotiating PPHs (Patent Prosecution Highways) with other markets like U.S., Japan, Latin America (Argentina, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru and Uruguay) and, soon E. U., that will allow the examinations of a Patent Application that already took place in certain IP offices to be validated in our own country with little effort – a logical unfolding of the absolute aspect of novelty as a Patent requirement.

For too much time we have been hostages of the illusion of the “sovereignty” in the examination proceeding. This element of independency has done little to correct possible mistakes by other IP offices around the world, with the serious setback of creating a backlog of almost a decade – in some cases – for the examination of a Patent.

Thus, as the PPHs start being enforced at its full strength, hopefully the backlogs will eventually clear off. The main force of the Brazilian PTO’s workers will be able to focus their capabilities in Patents first filed here in Brazil, on behalf of Brazilian inventors and companies and/or international companies that chose Brazil as a primary market for investment.

That would be a very refreshed vision of the “sovereignty” for which we all have been striving.

For more information regarding the PPHs already signed by Brazil, please access: