Recently, the Brazilian Patent and Trademark Office (BPTO) began conducting a public consultation on their proposal for the new Normative Instruction on Topography of Integrated Circuits. The deadline for submission of commentaries is March 21, 2018.
Topography of Integrated Circuits rights constitute an important IP asset. The Brazilian Law that regulates the subject (Law no. 11484/2007) defines it as “a series of related images, constructed or encoded in any media or form, which represents the 3D configuration of the layers that make up an integrated circuit and in which each image represents, in whole or in part, the geometric layout or arrangements of the surface of the integrated circuit at any stage of its design or manufacture.”
The proposed Normative Instruction would revoke the resolutions on the subject that have been in force since 2013. The main change on the procedure is the creation of an electronic-based application through an “e-chip” form. The BPTO will then conduct formal examination of the application, as it currently does.
The update to the procedure is a part of a broader project of the BPTO in its efforts to completely digitize. It is expected that if the Normative Instruction is approved, it will result in the BPTO expediting its examination procedure overall.