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Normative Instructions Nos. 44 and 45 of 2015 Help BPTO's Analysis of Industrial Design

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2/3/2016 12:00 AM Demarest News

Normative Instructions Nos. 44 and 45 of 2015 Help BPTO's Analysis of Industrial Design 

On 1/11/2016, the Brazilian Patent and Trademark Office (BPTO) enacted Normative Instructions (IN) nos. 44 and 45/2015 providing for several procedures and changes intended to expedite BPTO's examination of applications for Industrial Design registration as well as to implement the electronic application system.

The enactment of those normative instructions is a landmark towards the decrease in the time to analyze the applications as well as a decrease in the associated requirements; after all, according to information provided by the BPTO, there are approximately 13,550 applications pending decision.

Normative Instruction no. 44/2015 provides the following changes:

- From now on the BPTO will deny applications for registration if a previous requirement is not fulfilled and will declare the application non-existent and return it to the respective applicant.

- The BPTO may change, on its own motion, the title of the application for registration if it is not appropriate. In case the BPTO is not able to adjust the title, on its own motion, then it will be denied the application.

- If the applications for registration were the object of any requirement, the unsatisfactory fulfillment of the requirement for adjustment or supplementation of drawings or pictures will entail their denial.

- The BPTO will focus on the examination of the figures presented in the application.

The key issue in Normative Instruction 45/2015 is the change in the procedures for analysis of specifications and claims:

- In case the specifications and claims are presented in the application, they will not be analyzed during the phase of examination of the application.

- In case the specifications and claims are presented in the application, if required, will be analyzed in the course of appeals examination only by the second administrative instance of the BPTO.

- The certification of registration will contain a remark that the data contained in the specifications and claims, if any, do not have any effect on the protection given by the registration.

The normative instructions took effect on the date of their publications, and in regard to the limitation of the analysis to the figures, in principle, this change will be in effect for two years. 

To learn the full content of the normative instructions, please access:

http://www.inpi.gov.br/noticias/inpi-adota-providencias-para-acelerar-exame-de-desenho-industrial

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