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In Brazil, The the procedure for a patent application in Brazil is initiated by filing an application form with the National Institute of Industrial Property (Portugese abbreviation: INPI), in whichinvolving the submission of at least an application form, draft of descriptions, scope of claims, abstract, and proof of the application fee payment of the application fee must be submitted. Failure to fulfill these requirements will causeIf these requirements are not fulfilled, INPI to issues a notification by an examiner in relation to formality, to which ; the applicant must respond to this within 30 days. 1 If the applicant fails to respond to the notification,Failure to respond to the notification leads to the application will bebeing deemed invalid and withdrawnal. 2

According to the Brazilian IP Code in Brazil, a filed patent application may beis publicized in the publication of unexamined patent applications after 18 months from the date of application date. However, with a consideration of aconsidering the high volume of the backlog of patent applications  3 retained by thein INPI, a filed patent application is typically publicized afterthis typically takes approximately two to three2 - 4 3 years from the date of application. During the period from the date of the publication of unexamined patent applications until the end of examination, any third partiesy and the applicant (for the purpose of assisting the examination) are allowed tomay submit their opinions for assisting the examination.  5

An applicant is required tomust file a request for examination of the application within 36 months from the date of application date. Failure to file a request for examination within 36 months will be ; otherwise, deemed withdrawal of the application will be withdrawn. However, an applicant is allowed tocan recover the withdrawn application by paying a predetermined fee within 60 days offrom the withdrawal date of the withdrawal. . Even so, iIf an the applicant still fails to comply with the this time limit as well, the application will be confirmed as withdrawn.

Further, According to the IP Code in Brazil,  6 an applicant may beis given an opportunityallowed to submit amendments to the draft of descriptions and scope of claims by the time when the applicanthe/she files a request for examination., in order to clarify or define theThis enables clarification or refining of the contents of the filed application.  7 HoweverNevertheless, any amendment should be restricted to the amendment of the contents first disclosed at the time of filing an application. After an examination request for examination has been filed, any amendment, either by an applicant’s spontaneous decision or by a an examiner’s notification by an examiner, is not unacceptable if the amendment could change or expand the claimed scope of protection. In this sense, the only amendmentonly amendments limiting the claimed subject matter may possiblymay be accepted.

During the examination period of examiation, two types of official notifications will be issued, i.e., notification by an examiner and non-final notification of reasons for refusal will be issued. The applicant is required tomust respond to these notifications within 90 days from the date of publication of unexamined patent applications.

To put it simplyIn simple terms, an examiner’s notifications by an examiner are generally composed ofcomprises formality requirements such as a violation of requirements of clarity or a violation of support requirements. In a case of If there is a non-final notification of reasons for refusal, an application may be rejected. This typically occurs due toif a violation of the requirements of patentability such as lack of novelty and inventive stepinvention are violated 8 . No limit is stipulated in the number of issuable official notifications. INPI announces its decision to grant or refuse a patent in the publication of unexamined patent applications, thus thereby ending the examination process of examination.

Explanations

In Brazil, The the procedure for a patent application in Brazil is initiated by filing an application form with the National Institute of Industrial Property (Portugese abbreviation: INPI), in which at least an application form, draft of descriptions, scope of claims, abstract, and proof of payment of the application fee must be submitted. Failure to fulfill these requirements will cause INPI to issue a notification by an examiner in relation to formality, to which ;  1 the applicant must respond to this within 30 days. If the applicant fails to respond to the notification,Failure to respond to the notification leads to the application will bebeing deemed invalid and withdrawnal. 2

According to the IP Code in Brazil, a filed patent application may beis publicized in the publication of unexamined patent applications after 18 months from the date of application. However, with a consideration of aconsidering the high volume of the backlog of patent applications  3retained by thein INPI, a filed patent application is typically publicized after approximately two to three2–3 years from the date of application. During the period from the date of the publication of unexamined patent applications until the end of examination, any third partiesy and the applicant (for the purpose of assisting the examination) are allowed tomay submit their opinions for assisting the examination.  4

An applicant is required to file a request for examination of the application within 36 months from the date of application. Failure to file a request for examination within 36 months will be deemed withdrawal of the application. However, an applicant is allowed tocan recover the withdrawn application by paying a predetermined fee within 60 days offrom the withdrawal date of the withdrawal. . Even so, iIf an the applicant still fails to comply with the this time limit as well, the application will be confirmed as withdrawn.

Further, According to the IP Code in Brazil,  5an applicant may beis given an opportunityallowed to submit amendments to the draft of descriptions and scope of claims by the time when the applicanthe/she files a request for examination, in order to clarify or define the contents of filed application. HoweverNevertheless, any amendment should be restricted to the amendment of the contents first disclosed at the time of filing an application. After an examination request for examination has been filed, any amendment ,  6 either by an applicant’s spontaneous decision or by a an examiner’s notification by an examiner, is not unacceptable if the amendment could change or expand the claimed scope of protection. In this sense, the only amendmentonly amendments limiting the claimed subject matter may possiblymay be accepted.

During the examination period of examiation, two types of official notifications will be issued, i.e., notification by an examiner and non-final notification of reasons for refusal will be issued. The applicant is required tomust respond to these notifications within 90 days from the date of publication of unexamined patent applications.

To put it simplyIn simple terms, an examiner’s notifications by an examiner are generally composed ofcomprises formality requirements such as a violation of requirements of clarity or a violation of support requirements. In a case of a non-final notification of reasons for refusal, an application may be rejected. This typically occurs due to a violation of the requirements of patentability such as lack of novelty and inventive stepinvention. 7 No limit is stipulated in the number of issuable official notifications. INPI announces its decision to grant or refuse a patent in the publication of unexamined patent applications, thus thereby ending the examination process of examination.

Explanations

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