Currently the proposed regulation is in a public consultation phase and no new rules are yet in force. If the currently proposed regulation is enacted, the following requirements would need to be met in order for an original patent application to be automatically issued:
- A request for national phase entry of a PCT application would need to occur before the date of publication of the future regulation;
- The application would need to have been published or early publication requested up to thirty days from the date of publication of the future regulation;
- Examination would need to be requested up to 30 days from the date of publication of the future regulation;
- No official actions related to patentability can have been published; and
- No third-party pre-grant oppositions can have been filed against the application.
If your company desires patent protection in Brazil, consult with your patent attorney regarding what steps may be needed to qualify your application(s) for the proposed regulation, or how to opt out of it. Also, consider whether your company may want to oppose a competitor’s patent application in Brazil to prevent it from qualifying for the automatic grant procedure.
Doug Limbach is a registered patent attorney in Silicon Valley representing early stage medical device companies, the entrepreneurs who found them and the investors who fund them. He has represented more than 50 such companies, including TheraSense (acquired by Abbott Laboratories), Archus Orthopedics (acquired by Facet Solutions), Facet Solutions (acquired by Globus Medical), Novare Surgical (acquired by a major robotic-assisted surgery company), Aragon Surgical (acquired by Aesculap), Tibion (acquired by AlterG) and Xlumena (acquired by Boston Scientific). Mr. Limbach has been working in patent law since 1991.
Questions? Contact Doug today at email@example.com.