Newsletter Edition 22 - February 2021


ABPI and the BPTO deal with the reconstitution of patent applications

The procedures for restoring and reconstituting applications still being processed and patents granted were the theme of the meeting held on February 4th between ABPI and the BPTO. At the time, when ABPI was represented by member José Eduardo Filgueiras, the BPTO informed about the updated list of patent applications in which the file of the process is incomplete.

In the updated list on the progress of the restoration and reconstitution of applications/patents processes, published in January, there were several processes on the first list that were republished, including those with petitions already filed by the offices. According to the BPTO, this was due to security issues, since the petitions had not yet been analyzed. However, it informed that, if the petition for a republished case had already been presented, it was not necessary to resubmit it for a 2nd time.

The BPTO will include the number and date of the filed petition in the next list, to be published in March, which will be a second update to the first list, to ensure that, effectively, it will not be necessary to resubmit it. In cases where the requested documents are not submitted through a petition, a requirement will be published. In cases of granted patents (16.1), which appear in this list, the status of the process will not be changed, that is, the patent will remain granted, even if a requirement is published.

When the analysis of the first list is finished, the BPTO will publish a second list of processes for restoration and reconstitution.