The Ministry of Industry, Foreign Trade and Services (MDIC), Mr. Marcos Pereira stated last Friday (Dec 1st) that regulation for the simplified allowance procedure of patent applications is to be approved during December 2017 or on January 2018 the latest
The first draft of the regulation proposal establishes the rules for an application to be automatically allowed, including no merit examination and date of filing or national phase entry petition before the publication of the regulation.
The public consultation on the first draft was open until August 31st, and although the final text has not yet been disclosed, some actions can be taken considering the likely scenario based on the initial drafting of the regulation:
- Map those cases you wish to benefit from the regulation and anticipate filings of such new applications in Brazil taking into account the high possibility of the regulation be published still during December (i.e. the filings should be done ASAP);
- Identify, among the cases already filed in Brazil, those you would prefer to be excluded from the new process (e.g., due to strategic reasons) – according to the first draft of the regulation exclusions should be requested during the 90 days following publication of admission;
- Define a strategy for requesting exclusion of cases from others – submission of qualified third party observations would lead to exclusion.