The accumulation of patent applications pending approval is a problem that has hindered the registration of foreign applicant’s patents in Brazil. Concerned about this situation, the Brazilian Register Office (INPI) started the Project to Combat Backlog.

This project aims to reduce, in up to two years, the number of patent applications for examination with pending decision. Resolution INPI PR n. 240/19 and Resolution INPI PR n. 241/19 has established the rules.

Dispatch code 6.21 and 6.22

To achieve the goal of reducing patent applications pending within two years, INPI instituted the preliminary requirements published under dispatch codes 6.22 and 6.21, respectively. Dispatch code 6.21 fulfills requests with correspondent and available search made by another office. Dispatch code 6.22 applies to unmatched applications.

Requirements

The pending applications must attend some prerequisites to speed up its examination. In the Project to Combat the Backlog will be analyzed patent applications filed before December 31st, 2016, and not yet submitted to technical examination. The other two requirements are that the patent application does not have a request for a priority examination and does not contain a request for subsidies from third parties, or an examination or opinion of subsidies from ANVISA (Brazilian Health Regulatory Agency).

If your client’s patent application is pending examination In Brazil and fits these prerequisites, contact Pereira Bertozzi for more information at 📞 +55 41 3263-1413 / 99971-4110 or mail@pereirabertozzi.com.br