New Rule modifies Brazil's Patent Appeal Procedures

The Brazilian Patent and Trademark Office (BPTO) recently announced a significant policy change through Opinion No. 19/2023, effective February 12, 2024. This new rule, published on December 12, 2023, alters the appeal process for rejected patent applications.

The important aspects of this change include a strict prohibition for applicants from making any amendments during the administrative appeal stage. 

This includes introducing new technical data, altering the patent specifications, or modifying the claims – even if these changes are intended to clarify or narrow the patent’s scope.

This policy presents a notable deviation from Federal Law and established Case Law, which traditionally allows a more comprehensive review process, including the possibility to adjust claims during appeals.

These changes impact applications currently under appeal and must comply within a 60-day for adjustments, a window starting December 12, 2023.