On May 27, 2025, the Brazilian Industrial Property Office (BRPTO) issued regulations on utility model patent applications, additional proof of inventions, and utility model review procedures appealed during examination. This regulation stipulates the review process when a patent application is rejected.
Under the regulations, the review will be conducted by the original examiner who rejected the application and will be limited to the issues listed in the appeal opinion. These include:
- Formal defects, such as failure to comply with procedural rules
- Subject matter included in the statement of rejected application not addressed during substantive examination
- New set of statements introduced at the appeal stage covering subject matter not subject to substantive examination
The new regulations stipulate that third-party public opinion requests are not allowed during reexamination, but the BRPTO may still identify new factors that affect the grant of the patent. The examiner can recommend changing the type of patent application, but active division is not allowed. Division is only allowed when the lack of unity of invention has been identified. If the patent applicant introduces new technical features during the reexamination, the examiner will conduct a new search.
A rejection can only be issued if it is supported by the legal grounds that have been raised in the previous review stage. If the examiner rejects the application again, the applicant reserves the right to fully defend and appeal.
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