English Translation of the Table of Notice Codes – INPI

Full pdf version of the English translation available here.

Designated or Elected International PCT/BR Application

1.1  International PCT Application Published. Request for Entry into National Phase Received

 

The INPI notifies the applicant that the World Intellectual Property Organisation (WIPO) has published their international application in the PCT Gazette, in accordance with the Patent Cooperation Treaty (PCT). The applicant can view the WO publication in the international search system PATENTSCOPE® (www.wipo.int/patentscope/en). The INPI also informs that it has received the request for entry into the national phase of the PCT. It is not necessary to respond to this notice. The INPI will then examine the admissibility of this request in accordance with the specific regulations in force (to analyse whether the application can be accepted). The patent application filed via the PCT must comply with the deadlines and provisions of Articles 22 and 39 of the PCT, in addition to the specific regulations in force at the INPI. If this does not happen, the INPI may notify the exclusion of the international application in relation to Brazil. Attention! The applicant must monitor the progress of the application in the RPI and in the Search for Proceedings on the INPI Portal. The applicant must also be aware of any office actions and/or needs of the prosecution rules. If you have any questions, please consult the PCT page or write to Contact Us (Fale Conosco) on the INPI Portal.

1.1.1  – Rectification

 

The INPI rectifies the notification of international publication and submission of a petition for entry into the national phase because it was made incorrectly. It is not necessary to respond to this notice.

1.1.2  – Publication Annulled

 

The INPI annuls the notification of international publication and submission of a petition for entry into the national phase because it was improper. It is not necessary to respond to this notice.

1.1.3  – Republishing

 

The INPI republishes the notification of international publication and submission of a petition for entry into the national phase because it was made incorrectly. It is not necessary to respond to this notice.

1.2  PCT application excluded

 

The INPI notifies the applicant that its international patent application filed via the Patent Cooperation Treaty (PCT) has been excluded. In other words, the application did not enter the national phase in Brazil. The reason was failure to comply with the deadlines and provisions set forth in Article 22 or Article 39 of the PCT, in addition to the specific regulations in force at the INPI. The applicant must check the opinion and/or supplement to this notice in the Database (INPI Portal) to find out the full reasons. If the applicant disagrees, the applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the publication date.

1.2.1  – Publication Annulled

 

The INPI annuls the publication of the exclusion of the application because it was improper. The applicant should check the supplement to the notice to learn the grounds for the decision. It is not necessary to respond to this notice.

1.2.2  – Republishing

 

The INPI republishes the exclusion of the application because it was made incorrectly. The applicant should check the supplement to the notice. It is not necessary to respond to this notice. The applicant may file an appeal through the e-filing system, using the revenue collection slip (GRU), code 214 (appeal), within 60 (sixty) days from the publication date.

1.2.3  – Decision Annulled

 

The INPI annuls the decision of exclusion of the international application because it was improper, as justified in the supplement to the notice. It is not necessary to respond to this notice.

1.3  PCT Application Admitted to the National Phase

 

The INPI notifies the entry of the patent international application into the Brazilian national phase, under the terms of the Patent Cooperation Treaty (PCT). The applicant can view the opinion and publication brochure in the Database (INPI Portal). It is not necessary to respond to this notice. The applicant or any interested party has 36 months to pay the examination service fee, starting from the filing date of the international application in PCT. Payment must be made using the revenue collection slip (GRU) with code 203 (Patent of Invention) or code 204 (Utility Model). If the INPI has already examined the international application as ISA/IPEA, the examination request code is 284 (Patent of Invention) or 285 (Utility Model). The INPI will declare the abandonment of the application if the applicant does not make the payment within the deadline, as provided for in Art. 33 of Law No. 9,279/96.

1.3.1  – Rectification

 

The INPI rectifies the notification of entry into the Brazilian national phase of the PCT because it was made incorrectly. The applicant must check the supplement to the notice. It is not necessary to respond to this notice.

1.3.2  – Publication Annulled

 

The INPI annuls the publication of the notification of entry into the Brazilian national phase of the PCT because it was improper. The applicant should check the supplement to the notice to take note of the grounds for the decision. It is not necessary to respond to this notice.

1.3.3  – Republishing

 

Republishing of the notification of entry into the national phase – PCT because it was done incorrectly.

1.3.4  – Decision Annulled

 

The INPI annuls the decision on the notification of entry into the Brazilian national phase of the PCT because it was improper, as justified in the supplement to the notice. It is not necessary to respond to this notice.

1.4  – Reinstatement of Right to Enter the National Phase of the Granted PCT

 

The INPI reinstates the right to enter the Brazilian national phase for the international application filed via the Patent Cooperation Treaty (PCT), in accordance with current regulations. The applicant should check the opinion and/or supplement to the notice in the Database (INPI Portal). The INPI will then examine the admissibility of the request for entry into the national phase in accordance with the specific regulations in force (to analyse whether the application can be accepted). It is not necessary to respond to this notice.

1.4.1  – Reinstatement of Right to Enter the National Phase of the PCT Denied

 

The INPI denies the reinstatement of the right to enter the Brazilian national phase for the international application filed via PCT, in accordance with current regulations. The applicant should check the opinion and/or supplement to the notice in the Database (INPI Portal) to learn about the reasons for the decision. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the publication date.

1.4.2  – Publication Annulled

 

The INPI annuls the publication of the decision to reinstate the right to enter the national phase because it was improper. The applicant should check the supplement to the notice to learn the grounds for the decision. It is not necessary to respond to this publication.

1.4.3  – Republishing

 

The INPI republishes the decision to reinstate the right to enter the national phase because it was made incorrectly. It is not necessary to respond to this notice. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the date of this publication.

1.4.4  – Decision Annulled

 

The INPI annuls the decision to reinstate the right to enter the national phase because it was improper, as justified in the supplement to the notice. It is not necessary to respond to this notice.

 

1.5  Miscellaneous Office Actions

 

The INPI suspends the entry into the Brazilian national phase prosecution of the international application filed via the Patent Cooperation Treaty (PCT). The purpose is to open the deadline for compliance with requirements. The applicant must access the opinion in the Database (INPI Portal) for more information. The deadline for complying with the office actions is 60 (sixty) calendar days from the publication date. The applicant must use the e-filing system, with the revenue collection slip (GRU) code 207 (compliance with office action).

1.5.1  – Publication Annulled

 

The INPI annuls the publication of the office action because it was improper. The applicant must check the supplement to the notice. It is not necessary to respond to this notice.

1.5.2  – Republishing

 

The INPI republishes the office action because it was made incorrectly. The applicant must check the supplement to the notice. The applicant must also comply with the office action through the e-filing system, using the revenue collection slip (GRU) code 207 (compliance with office action). The applicant has 60 (sixty) calendar days from this republication date.

1.5.3  – Office Action Annulled

 

The INPI annuls the office action because it was improper, as justified in the supplement to the notice. It is not necessary to respond to this notice.

 

Table of Notice Codes – Patents

Filling

2.1  Patent Application or Certificate of Addition of Invention Filed

 

The INPI considers the application for a Patent of Invention, Utility Model or Certificate of Addition of Invention to be filed after completing its formal examination. The opinion is available in the Database (INPI Portal). It is not necessary to respond to this notice. The content of the application will be published in the Industrial Property Magazine (RPI) after eighteen (18) months of confidentiality, counted from the filing date or the earliest priority date. The applicant may request that this publication be brought forward. In the case of a Certificate of Addition application, it will be disclosed after the publication of the main application. Attention! The applicant must monitor the progress of the application in the RPI and in the Database on the INPI Portal. The applicant must also be aware of the deadlines and/or requirements of the prosecution rules. If you have any questions, please consult the Quick Patent Guides or write to Contact Us (Fale Conosco) on the INPI Portal.

2.4  Divisional Application Filed

 

The INPI considers the division of a previously filed patent application to be filed after completing its preliminary formal examination, in accordance with Art. 26, item I, of Law No. 9,279/96. The opinion is available in the Database (INPI Portal). It is not necessary to respond to this notice. The divisional application has the same filing date as the original and, if applicable, the same priority claimed. In addition, the divisional application will be in the same procedural stage as the original. Attention! The applicant must monitor the progress of the application on the RPI and in the Database on the INPI Portal. The applicant must also be aware of the deadlines and/or requirements of the prosecution rules. If you have any questions, please consult the Quick Patent Guides or write to Contact Us (Fale Conosco) on the INPI Portal.

2.5  – Preliminary Formal Office Action

 

The INPI conducted a preliminary formal examination and found that the application did not fully meet the conditions established for filing. Therefore, the Institute is publishing an office action. The applicant must access the opinion in the Database (INPI Portal) to find out what needs to be adjusted in the application. The deadline for complying with the office action is thirty (30) calendar days from the publication date. The applicant must submit the corrected documents to the INPI, as requested in the opinion. To do so, they must use the e-filing system, with a revenue collection slip (GRU) code 206 (Compliance with office action arising from formal examination). If the applicant does not respond to the office action within the deadline, the patent application will not be accepted as filed, the documentation will be filed away, and its number will be annulled. Attention! Do not confuse the 30-day period with one month or 31 days, as the count is made by calendar days.

2.6  – Publication Annulled

 

The INPI cancels the publication of the notice in question because it was improper. It is not necessary to respond to this notice. Attention! The applicant must monitor the progress of the application on the RPI and in the Database on the INPI Portal. The applicant must also be aware of any office actions and/or needs of the prosecution rules. If you have any questions, please consult the Quick Patent Guides or write to Contact Us (Fale Conosco) on the INPI Portal.

2.7  – Republishing

 

The INPI republishes the notice in question because it was issued incorrectly. The applicant should check the supplement to the notice. When a republished notice involves acting, the deadline will start on the republishing date.

2.10 – Notification of receipt of the patent application or certificate of addition

 

The INPI confirms receipt of the application for a Patent of Invention, Utility Model or Certificate of Addition of Invention. It is not necessary to respond to this notice. The INPI will then carry out a preliminary formal examination to verify if the applicant has met the conditions set out in Art. 19 of Law 9,279/1996 and in the rules in force at the Institute. If the application was filed by an attorney, the power of attorney must be submitted within 60 (sixty) days from the filing date. This must be done even if the INPI does not issue a notification or an office action, in accordance with Art. 216 of Law 9,279/1996. The application will be definitively ordered abandoned if the power of attorney is not submitted within the specified period. Requests for entry into the national phase in Brazil via the Patent Cooperation Treaty (PCT) are notified by notice 1.1. Attention! The applicant must monitor the progress of the application on the RPI and in the Search for Proceedings on the INPI Portal. The applicant must also be aware of any office actions and/or needs of the prosecution rules. If you have any questions, please consult the Quick Patent Guides or write to Contact Us (Fale Conosco) on the INPI Portal.

 

Table of Notice Codes – Patents

Publication of the Application

3.1  – Patent Application or Certificate of Addition of Invention Published

 

When the confidentiality period (18 months from filing) ends, the INPI publishes the Patent or Certificate of Addition of Invention application, as provided for in Art. 30 of Law No. 9,279/96. Interested parties may access the application documentation (Specification, claims, drawings – if applicable – and Abstract) in the Database (INPI Portal). It is not necessary to respond to this notice. The applicant or any interested party may request examination of the application, if this has not already been done. The deadline is 36 (thirty-six) months from the filing date. To do so, the user must pay the revenue collection slip (GRU) code 203 (Patent of Invention), 204 (Utility Model) or 205 (Certificate of Addition of Invention). If the INPI has already examined the international PCT application as ISA/IPEA, the code is 284 (Patent of Invention) or 285 (Utility Model). The application will be filed away if payment is not made within the specified period, in accordance with Art. 33 of Law No. 9,279/96. The applicant has 60 (sixty) days from the filing away date to pay the GRU code 209 (Reinstatement). The INPI will definitively order the abandonment of the application if the applicant does not prove, within the aforementioned period, payment of the two services (reinstatement and examination request).

3.2  Publication of the Early Patent Application

 

If requested by the applicant, the INPI will publish the patent application before the end of the confidentiality period (18 months from the filing date). This procedure is provided for in Art. 30, paragraph 1, of Law No. 9,279/96. Interested parties may access the application documentation (Specification, claims, drawings – if applicable – and Abstract) in the Database (INPI Portal). It is not necessary to respond to this notice. The applicant or any interested party may request examination of the patent application, if this has not already been done. The deadline is 36 (thirty-six) months from the filing date. To do so, the user must pay the revenue collection slip (GRU) code 203 (Patent of Invention), 204 (Utility Model) or 205 (Certificate of Addition of Invention). If the INPI has already examined the international PCT application as ISA/IPEA, the code is 284 (Patent of Invention) or 285 (Utility Model). The application will be filed away if payment is not made within the specified period, in accordance with Art. 33 of Law No. 9,279/96. The applicant has 60 (sixty) days from the filing away date to pay the GRU code 209 (Reinstatement). The INPI will definitively order the abandonment of the application if the applicant does not prove, within the aforementioned period, payment for both services reinstatement and examination request).

3.6  Publication of the definitively abandoned Application

 

The INPI will definitively order the abandonment of the patent application, as provided for in the second paragraph of Art. 216 or in Art. 17 of Law No. 9,279/96. The decision is due to the lack of a power of attorney document or the submission of a subsequent application claiming internal priority. With this, the prosecution ends its proceedings in the administrative instance and the INPI publishes the Patent or Certificate of Addition of Invention application, as provided for in Art. 30 of Law No. 9,279/96. Interested parties may access the documentation of the application (Specification, claims, drawings – if applicable – and Abstract) in the Database (INPI Portal). It is not necessary to respond to this notice.

3.7  – Publication Annulled

 

The INPI annuls the publication of the application because it was improper. It is not necessary to respond to this notice.

 

3.8  – Rectification

 

The INPI rectifies the publication of the application because it was incorrect. The rectification does not change the publication date of the application or the deadlines resulting from that publication. It is not necessary to respond to this notice.

 

Table of Notice Codes – Patents

Examination Request

4.3  Reinstatement – Art. 33, sole paragraph, of the IPL

 

The INPI reinstates the prosecution and resumes its prosecution. The process had been filed away due to non-payment of the examination fee (notice 11.1), a requirement under Art. 33 of Law No. 9,279/96 (IPL). It is not necessary to respond to this notice. Attention! The applicant must monitor the progress of the application on the RPI and in the Database on the INPI Portal. The applicant must also be aware of any office actions and/or needs of the prosecution rules.

4.3.1  – Publication Annulled

 

The INPI annuls the publication of the reinstatement of prosecution because it was improper. The applicant should review the supplementary text to the notice in the Database (INPI Portal) to verify the reason for the annulment. If in doubt, the applicant may send an enquiry through the Contact Us system. The applicant may file an appeal through the e-filing system with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the date of this publication.

4.3.2  – Republishing

 

The INPI republishes the reinstatement of prosecution. The previous publication was incorrect. It is not necessary to respond to this notice.

 

Table of Notice Codes – Patents

Formal and Technical Office Actions

6.1  Technical Office Action – Art. 36 of the IPL

 

The INPI suspends the prosecution of the patent application or addition of invention certificate. The purpose is to allow time for compliance or contestation of the office action. The applicant must access the opinion in the Database (INPI Portal). The deadline for complying with the office action is 90 (ninety) calendar days from the date of this publication. The applicant must submit the corrected documents to the INPI, as requested in the opinion. In addition, the applicant must supplement the payment of the examination fee if the number of claims increases when complying with the office action. The supplementation must be in accordance with the amount established in the table of fees for the nature and number of claims in the application. The payment must be made using the revenue collection slip (GRU) of the General Administration with code 800 (supplementary fee). Then, the person must then pay the GRU code 207 (compliance with office action) to submit all the requested documentation via e-filing system, including proof of payment of the GRU code 800. The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 36 §1 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 90-day period with three months, as the count is made by calendar days.

6.6  Formal Office Action – Art. 34 of the IPL

 

The INPI suspends the prosecution of the patent application or certificate of addition of invention. The purpose is to allow time for contesting or complying with the office action. The applicant must access the opinion in the Database (INPI Portal). The deadline for complying with the office action is 60 (sixty) calendar days from the date of this publication. The applicant must submit the documents requested in the opinion to the INPI. To do so, they must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action). The INPI will declare the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 34 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 60-day deadline with two months, as the count is made by calendar days.

6.6.1  – Formal Office Action – Art. 38 (I) of Law 13,123/2015

 

The INPI suspends the prosecution of the patent application. The purpose is to allow the applicant time to comply with the office action. This period is 60 (sixty) calendar days from the date of this publication. The applicant must inform the INPI if they have accessed the national genetic heritage (PG) and/or associated traditional knowledge (CTA). If access was granted, the applicant must submit a petition regarding registration or authorisation for access the PG and/or CTA to the Genetic Heritage Management Council (CGen). To do so, they must use the e-filing system with the revenue collection slip (GRU) code 264 (positive declaration of access). The INPI will consider that there was no access to the PG or CTA if the applicant does not respond to the office action within the deadline. Attention! Do not confuse the 60-day deadline with two months, as the count is made by calendar days. Office action notified as of 27/02/2018 for patent applications filed with the INPI before 26/11/2015.

6.6.2  – Formal office action – Access to genetic heritage – Art. 38 (I) of Law 13,123/2015 and Art. 34 of the IPL

 

The INPI suspends the prosecution of the patent application. The purpose is to allow the applicant time to comply with the office action. The applicant must check the opinion and/or the supplementary text to the notice in the Database (INPI Portal). The deadline for meeting the office action is 60 (sixty) calendar days from the publication date. The applicant must inform whether they accessed the national genetic heritage (PG) and/or associated traditional knowledge (CTA) or whether they did not access the PG or CTA. If access was granted, the applicant must submit a petition regarding registration or authorisation for access the PG and/or CTA to the Genetic Heritage Management Council (CGen). To do so, they must use the e-filing system with the revenue collection slip (GRU) code 264 (positive declaration of access). If there was no access to the PG or CTA, the applicant must use the e-filing system with the GRU code 273 (negative declaration of access). The INPI will declare the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 34 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 60-day deadline with two months, as the count is made in calendar days.

6.6.3  – Formal office action – Biological sequences listing- Art. 34 of the IPL

 

The INPI suspends the patent application prosecution. The purpose is to allow the applicant time to comply with the office action. The applicant should check the opinion in the Database (INPI Portal) for more information. The deadline for complying with the office action is 60 (sixty) calendar days from the date of this publication. The applicant must submit the nucleotide and/or amino acid sequences listing (LS) in electronic form in the standard format (ST) defined by the World Intellectual Property Organisation (WIPO), as requested in the opinion and in accordance with the specific rules in force. To do so, they must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action). The INPI will definitively order the abandonment of application if the applicant does not respond to the office action within the deadline, as provided for in Art. 34 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 60-day period with two months, as the count is made in calendar days.

6.7  Other Office Actions – Art. 36 of the IPL

 

The INPI suspends the prosecution of the patent application or addition of invention certificate due to pending issues that prevent examination. It also sets a deadline for the applicant to contest or comply with the office action. The applicant must check the opinion and/or the supplementary text to the notice in the Database (INPI Portal). The deadline for complying with the office action is 90 (ninety) calendar days from the publication date. The applicant must submit the documents requested in the opinion to the INPI. The applicant must also attach proof of payment of the GRU from the General Administration with code 800 (additional fee), if the additional fee is due. In this case, they must also inform the GRU 800 number paid according to the current fee table. The applicant must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action) to submit all the requested documentation. The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 36 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 90-day period with three months, as the count is made by calendar days.

6.8  – Office Action Annulled

 

The INPI annuls the office action of the application because it was improper. The applicant must check the opinion and/or the supplementary text to the notice in the Database (INPI Portal). It is not necessary to respond to this notice. Attention! The applicant must monitor the progress of the application in the Industrial Property Gazette (RPI) and in the Database (INPI Portal). The applicant must also be aware of any office actions and/or needs of the prosecution rules.

6.9  – Publication Annulled

 

The INPI annuls the publication of the office action because it was improper. The applicant should check the opinion and/or supplementary text to the notice in the Database (INPI Portal). It is not necessary to respond to this notice. Attention! The applicant must monitor the progress of the application in the Industrial Property Gazette (RPI) and in the Database (INPI Portal). The applicant must also be aware of any office actions and/or needs of the prosecution rules.

6.10  Republishing – Art. 34 and Art. 36 of the IPL

 

The INPI republishes office actions that have been made incorrectly. The applicant must check the opinion in the Database (INPI Portal). If the previous notice has code 6.1, 6.7, 6.21, 6.22 or 6.23, the deadline for complying with the office action is 90 (ninety) calendar days from the date of this republication. If the previous publication is different from codes 6.1, 6.7, 6.21, 6.22 and 6.23, the deadline for complying with the office action is 60 (sixty) calendar days from the date of this republication. The applicant must submit the documents requested in the republishing opinion to the INPI. The applicant must also attach proof of payment of the GRU from the General Administration with code 800 (supplementary fee) if it is necessary to supplement the payment of fees up to the amount established in the current fee table. In this case, they must also inform the INPI of the GRU 800 payment number. The applicant must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action) to submit all the requested documentation. The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 36 of Law No. 9,279/96 (IPL).

6.20  Pre-Examination Office Action – Art. 34 of the IPL

 

The INPI suspends the prosecution of the application. The purpose is to allow the applicant to present arguments regarding the objections, the search for prior art, and the results of the examination for the grant of a corresponding application in other countries. The applicant should access the opinion in the Database (INPI Portal) for more information. The deadline for complying with the office action is 60 (sixty) calendar days from the publication date. The applicant must submit the documents requested in the opinion to the INPI. To do so, they must use the e-filing system with the revenue collection slip (GRU) code 206 (compliance with pre-examination office action). The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 34 of Law No. 9,279/96 (IPL).

 

Notice notified during the term of INPI/PR Resolution No. 227/18, which was revoked by INPI/PR Resolution No. 241/19.

 

 

6.21  Preliminary office action – Applications with searches carried out by other Patent Offices – Art. 36 of the IPL

 

The INPI suspends the application prosecution. The purpose is to allow the applicant time to comply with or contest the office action. To do so, the applicant must access the opinion in the Database (INPI Portal). The deadline for complying with the office action is 90 (ninety) calendar days from the publication date. The applicant must submit the documents requested in the opinion to the INPI. If, upon complying with the office action, the number of claims increases, the applicant must supplement the payment of the examination fee up to the amount established in the current fee schedule. In this case, proof of payment of the GRU from the General Administration with code 800 (supplementary fee) must be attached. The applicant must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action) to submit all the requested documentation. The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 36 §1 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 90-day period with three months, as the count is made by calendar days.

6.22  Preliminary office action – Applications without searches carried out by other Patent Offices – Art. 36 of the IPL

 

The INPI suspends the application prosecution. The objective is to allow the applicant time to comply with or contest the office action. To do so, the applicant must access the opinion in the Database (INPI Portal). The deadline for complying with the office action is 90 (ninety) calendar days from the publication date. The applicant must submit the documents requested in the opinion to the INPI. The applicant must also submit new copies of the set of claims in accordance with the legislation in force and comment on the differences and technical improvements of the invention claimed in comparison with the documents cited in the search report. If the number of claims increases, the applicant must supplement the payment of the examination fee up to the amount established in the current fee table. In this case, they must attach proof of payment of the GRU from the General Administration with code 800 (supplementary fee). The applicant must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action) to submit all the requested documentation. The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 36 §1 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 90-day deadline with three months, as the count is made by calendar days.

6.23  – Preliminary office action – applications with searches carried out by other Patent Offices – Art. 36 of the IPL

 

The INPI suspends the application prosecution. The purpose is to allow the applicant time to contest or comply with the office action. The applicant must access the opinion in the Database (INPI Portal). The deadline for complying with the requirement is 90 (ninety) calendar days from the publication date. The applicant must submit the documents requested in the opinion to the INPI. The applicant must also resubmit the specification, abstract and drawing(s), in addition to submitting new copies of the set of claims in accordance with the legislation in force. The applicant must also comment on the differences and technical improvements of the invention claimed when compared to the documents cited in the search report. If the number of claims increases, the applicant must supplement the payment of the application fee up to the amount established in the current fee schedule. In this case, they must attach proof of payment of the GRU from the General Administration with code 800 (supplementary fee). The applicant must use the e-filing system with the revenue collection slip (GRU) code 207 (compliance with office action) to submit all the requested documentation. The INPI will definitively order the abandonment of the application if the applicant does not respond to the office action within the deadline, as provided for in Art. 36 §1 of Law No. 9,279/96 (IPL).

 

Table of Notice Codes – Patents

Unfavourable Opinion

7.1  Knowledge of Technical Opinion – Art. 36 of the IPL

 

The INPI suspends the application prosecution so that the applicant can comment on the technical opinion. The applicant must access the opinion in the Database (INPI Portal). The deadline for comments is 90 (ninety) calendar days from the publication date. The applicant must submit arguments regarding improvements and differences in relation to the prior art. The applicant must also submit corrections to the application in response to the technical opinion. To do so, they must use the e-filing system with the revenue collection slip (GRU) code 281 (comments on invention, utility model, certificate of addition of invention in the first instance). The INPI will reject (deny) the application if the applicant does not respond within the period specified in Art. 36 of Law No. 9,279/96 (IPL). Attention! Do not confuse the 90-day period with three months, as the count is made by calendar days.

7.2  – Publication Annulled

 

The INPI annuls the publication of the notice in question because it was improper. The applicant must check the opinion and/or the supplementary text to the notice in the Database (INPI Portal). It is not necessary to respond to this notice. Attention! The applicant must monitor the progress of the application in the Industrial Property Gazette (RPI) and in the Database (INPI Portal). The applicant must also be aware of any office actions and/or needs of the prosecution rules.

7.3  – Republishing due to incorrect publication

 

The INPI republishes the notice in question because it was published incorrectly. The applicant must check the opinion and/or supplementary text to the notice in the Database (INPI Portal). If the notice requires any action by the applicant, the deadline will start from the date of this republication. If the notice in question has code 7.1, the applicant will have 90 (ninety) calendar days from the date of this republication to file a petition and corrections to the application. To do so, they must use the e-filing system with the revenue collection slip (GRU) code 281 (comments on invention, utility model, certificate of addition of invention in the first instance).

7.4  Notice related to Art. 229-C of the IPL

 

The INPI informs that it has sent the patent application or certificate of addition of invention to the National Health Surveillance Agency (ANVISA) for prior approval. The applicant may check the opinion and/or the supplementary text to the notice in the Database (INPI Portal). It is not necessary to respond to this notice. The INPI notified this notice during the term of Art. 229-C of Law No. 9,279/96 (IPL). This article was included in the IPL by Law No. 10,196/01 and was revoked by Law No. 14,195/21.

7.5  Notification of Consent related to Art. 229-C of the IPL

 

The INPI informs that it has received the patent application or certificate of addition of invention approved by the National Health Surveillance Agency (ANVISA). The applicant can view the opinion in the Database (INPI Portal). It is not necessary to respond to this notice. The INPI notified this notice during the term of Art. 229-C of Law No. 9,279/96 (IPL). This article was included in the IPL by Law No. 10,196/01 and was revoked by Law No. 14,195/21.

7.6  Notification of non-consent related to Art. 229-C of the IPL

 

The INPI informs that it has received the patent application or certificate of addition of invention from the National Health Surveillance Agency (ANVISA) without the consent of ANVISA. The applicant should check the opinion available in the Database (INPI Portal) for more information. It is not necessary to respond to this notice. The INPI notified this notice during the term of Art. 229-C of Law No. 9,279/96 (IPL). This article was included in the IPL by Law No. 10,196/01 and was revoked by Law No. 14,195/21.

7.7  Notification of Return of Application for Failure to Comply with Art. 229-C of the IPL

 

The INPI informs that the National Health Surveillance Agency (ANVISA) considered the patent application or certificate of addition of invention as not falling under Art. 229-C of Law No. 9,279/96 (IPL). Therefore, ANVISA returned the application to the INPI. It is not necessary to respond to this notice. The INPI notified this notice during the term of Art. 229-C of Law No. 9,279/96 (IPL). This article was included in the IPL by Law No. 10,196/01 and was revoked by Law No. 14,195/21.

 

Table of Notice Codes – Patents

Annuity of the Application

8.5  Office action for Completion and Adjustment of Annual Fees and Restoration – Art. 84 § 2 of the IPL

 

The INPI found discrepancies in the payment of annual fees (annuities) and/or in the application for restoration of the application. Therefore, the Institute publishes an office action for the applicant to adjust the application. The applicant should consult the opinion in the Database (INPI Portal), as well as the IPL and INPI PR Ordinance No. 52/23 for more information. The deadline for complying with the office action is 60 (sixty) calendar days from the publication date. GRU payments must be in accordance with the opinion, the current fee schedule, and the annual fee amount within the extraordinary period provided for in Art. 84, paragraph 2, of Law No. 9,279/96 (IPL). The applicant must use the revenue collection slip (GRU) of the General Administration with code 800 (supplementary payment) to supplement any payment(s) made in an amount less than the amount due. The applicant must then pay a GRU code 207 (compliance with office action) to submit all the documentation specified in the opinion via e-filing system. The INPI will declare the abandonment of the application if the applicant does not comply with the office action within the deadline. The INPI will definitively order the abandonment if the unmet office action refers to a request for restoration of the application filed away by notice 8.6. Attention! Do not confuse the 60-day deadline with two months, as the count is made by calendar days. Access the INPI Portal: The IPL, specific regulations, the table of fees with GRU codes, the GRU Issuance System and the e-filing system.

8.6  – Filing away – Art. 86 of the IPL

 

The INPI filed away the application due to non-payment of annual fees (annuity), late payment of annual fees, or failure to comply with the office action to supplement the annuity within the deadlines established in Law No. 9,279/96 (IPL) and specific regulations in force. The applicant must access the opinion in the Database (INPI Portal) for more information. The deadline for the applicant to request the restoration of the application is three (3) months from the publication date of this publication. To do so, the applicant must pay one (1) revenue collection slip (GRU) with code 208 (restoration) and comply with the criteria established in this notification, in the fee table and in the regulations in force. In addition, the applicant must pay the annual GRU(s) within the extraordinary period provided for in Art. 84, paragraph 2, of the IPL and/or the additional fee (code 800 of the General Administration) as mentioned in this notification. If the GRUs are paid through a representative, the representative must present the applicant’s power of attorney in accordance with Art. 216 and Art. 217 of the IPL within 60 (sixty) days from the date of payment of GRU 208. The INPI will definitively order the abandonment of the application if the restoration request does not meet the criteria established in Art. 15 of INPI PR Ordinance No. 52/23, giving rise to the application of the provisions of Art. 17 of the same ordinance. Access the INPI Portal: The IPL, other regulations in force, the table of fees with the GRU codes and the GRU Issuance System.

8.7  Restoration – Art. 87 of the IPL

 

The INPI restores the progress of the application. The Institute has allowed the request for restoration and/or compliance with the office action submitted by the applicant within the legal deadline in accordance with Law No. 9,279/96 (IPL) and the specific regulations in force. The applicant should access the opinion in the Database (INPI Portal) for more information. It is not necessary to respond to this notice. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the date of this publication.

8.8  – Notice Annulled

 

The INPI annuls the notice because it was improper. The applicant must access the opinion and/or the supplementary text to the notice in the Database (INPI Portal) to see the notice that was annulled and to learn the reasons for its annulment. It is not necessary to respond to this notice.

8.9  – Publication Annulled

 

The INPI annuls the publication of notice because it was improper. The applicant must check the supplementary text to the notice in the Database (INPI Portal) to see which publication was annulled and to find out the reasons for its annulment. It is not necessary to respond to this notice.

 

8.10  – Republishing

 

The INPI republishes any of the sub-items. The publication to which this republication refers was made incorrectly. The applicant should check the opinion and/or supplementary text to the notice in the Database (INPI Portal) to find out the full reasons. If the notice requires any action by the applicant, the deadline will start from the date of this republishing, and the comments must be filed within the same deadline as the publication to which it refers.

8.11  – Maintenance of Filing away

 

The INPI will definitively order the abandonment because the applicant did not request its restoration within the deadline and under the terms of Art. 87 of Law No. 9,279/96 (IPL) and in accordance with the provisions of Art. 17 of Ordinance 52/2023. As a result, the application is closed in the administrative proceedings. The applicant may view the opinion and/or supplementary text to the notice in the Database (INPI Portal). It is not necessary to respond to this notice.

8.12  Definitive ordered abandoned- Art. 84, Art. 86 and Art. 212 § 2 of the IPL

 

The INPI will definitively order the abandonment of the application and its certificates, if applicable. The decision is due to the non-payment of more than one annual fee (annuity). The applicant can view the opinion and/or the supplementary text to the notice in the Database (INPI Portal). The INPI notified this notice through RPI 2233 during the term of Art. 13 of Resolution 113/2013. This article was revoked by Ordinance 348/2020.

 

Table of Notice Codes – Patents

Decision

9.1  Grant – Art. 38 of the IPL and Resolution 72/2013

 

The INPI grants the patent application or certificate of addition of invention. The technical opinion on the decision to grant the application is available in the Database (INPI Portal). The applicant must pay a revenue collection slip (GRU) with code 212 (issuance of Letters Patent or certificate of addition of invention within the ordinary period) within 60 (sixty) calendar days from the publication date or a GRU with code 213 (issuance of Letters Patent or certificate of addition of invention within the extraordinary period) within the following 30 (thirty) calendar days. The INPI will not grant the patent and will definitively order the abandonment of the application if the applicant does not pay the GRU for the issuance of Letters Patent within the deadlines established in Article 38 of Law No. 9,279/96 (IPL). Access the INPI Portal: The IPL, the table of fees with the GRU codes and the GRU Issuance System.

9.1.1  – Decision Annulled

 

The INPI annuls the decision to grant the application because it was improper. The applicant must access the opinion and/or the supplementary text to the notice in the Database (INPI Portal) to find out the reasons for the annulment. It is not necessary to respond to this notice. The applicant must follow the progress of the application in the Industrial Property Gazette (RPI) and in the Database. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) calendar days from the date of this publication.

9.1.2  – Publication Annulled

 

The INPI annuls the publication of the approval because it was improper. The applicant must access the opinion and/or the supplementary text to the notice in the Database (INPI Portal) to learn the reasons for the annulment. It is not necessary to respond to this notice. The applicant must monitor the progress of the application in the Industrial Property Journal (RPI) and in the Database. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) calendar days from the date of this publication.

9.1.3  Republishing – Art. 38 of the IPL and Resolution 72/2013

 

The INPI republishes the publication of approval due to an error. The deadline for issuing the patent will be restarted. The applicant must access the opinion in the Database (INPI Portal) to find out the full reasons. The applicant must pay a revenue collection slip (GRU) code 212 (issuance of Letters Patent or certificate of addition of invention within the ordinary period) within 60 (sixty) calendar days from the publication date or a GRU with code 213 (issuance of Letters Patent or certificate of addition of invention within the extraordinary period) within the following 30 (thirty) calendar days. The INPI will not grant the patent and will definitively order the abandonment of the application if the applicant does not pay the GRU for the issuance of Letters Patent within the aforementioned deadlines or within 90 days following notification of code 9.1. Access the INPI Portal: The table of fees with the GRU codes and the GRU Issuance System.

9.1.4  – Rectification

 

The INPI rectifies the publication of approval because it was made incorrectly. The applicant must access the opinion in the Database (INPI Portal) to find out the full reasons. This publication does not change the date of approval or the deadlines for payment of the revenue collection slip (GRU) for the Letters Patent issuance fee service code. The original ordinary deadline is 60 (sixty) calendar days from the notification of notice 9.1. The original extraordinary deadline is 30 (thirty) calendar days from the end of this ordinary deadline. The INPI will not grant the patent and will definitively order the abandonment of the application if the applicant does not pay the GRU for the issuance of Letters Patent within the aforementioned deadlines. Access the INPI Portal: The table of fees with the GRU codes and the GRU Issuance System.

• Rejection – Art. 76 §4 and Art. 212 of the IPL

 

The INPI rejected (denied) the patent application or certificate of addition of invention. The reason for the rejection was failure to meet legal requirements. The applicant should consult the technical opinion in the Database (INPI Portal) to find out the full reasons. If you disagree, the applicant can file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for the appeal is 60 (sixty) calendar days from the publication date. The INPI will uphold the rejection of the application if the applicant does not file an appeal within the deadline. Attention! Do not confuse the 60-day deadline with two months, as the count is made by calendar days. Within the appeal period against the rejection of an application for a certificate of addition of an invention that does not present the same inventive concept as the original invention, the applicant may request the conversion of the certificate of addition into a patent application (for invention or utility model), as provided for in Art. 76, paragraph 4, of Law No. 9,279/96 (IPL).

9.2.1  – Decision Annulled

 

The INPI annuls the decision to reject the application on the grounds that it was improper. The applicant must access the opinion in the Database (INPI Portal) to find out the reasons for the annulment. It is not necessary to respond to this notice. The applicant must follow the progress of the application in the Industrial Property Gazette (RPI) and in the Database. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) calendar days from the date of this publication.

9.2.2  – Publication Annulled

 

The INPI annuls the publication of the rejection because it was improper. The applicant must access the opinion and/or the supplementary text to the notice in the Database (INPI Portal) to learn the reasons for the annulment. The applicant must monitor the progress of the application in the Industrial Property Gazette (RPI) and in the Database. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) calendar days from the date of this publication.

9.2.3  – Republishing

 

The INPI republishes the rejection decision. The previous publication was incorrect. The applicant should check the opinion in the Database (INPI Portal) to see the full reasons. If you are the applicant, you may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for filing an appeal is 60 (sixty) calendar days from the date of this republication. Attention! Do not confuse the 60-day period with two months, as the count is made in calendar days.

9.2.4  Maintenance of the Rejection – Art. 212 of the IPL

 

The INPI upholds the rejection of the application. It also informs that the applicant did not file an appeal within the legal deadline. The deadline for appealing the rejection decision provided for in Art. 212 of Law No. 9,279/96 (IPL) is 60 (sixty) calendar days from the date of notification of code 9.2. It is not necessary to respond to this notice.

9.2.4.1  – Publication Annulled

 

The INPI annuls the publication of the maintenance of the rejection because it was improper. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) calendar days from the date of this publication.

 

Table of Notice Codes – Patents

Withdrawal

10.1  – Approved Withdrawal

 

The INPI approves the withdrawal of the patent application or certificate of addition of invention requested directly by the applicant(s) or through a representative with specific power of attorney for withdrawal, on behalf of all applicants. This concludes the proceedings in the administrative sphere of the INPI. The applicant can view the opinion in the Database (INPI Portal). It is not necessary to respond to this notice.

10.5  – Withdrawal Not Approved

 

The INPI notifies the applicant that it has not approved the withdrawal of the patent application. The applicant should check the supplementary text to the notice in the Database (INPI Portal) to find out the full reasons. It is not necessary to respond to this notice. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for filing an appeal is 60 (sixty) days from the date of this publication.

10.6  – Notice Annulled

 

The INPI annuls the notice in question because it was improper, as explained in the supplementary text to the notice. It is not necessary to respond to this notice.

10.7  – Publication Annulled

 

The INPI annuls the publication of the notice in question because it was improper. It is not necessary to respond to this notice.

10.8  – Republishing

 

The INPI republishes the publication in question because it was incorrect. The applicant should check the supplementary text to the notice. When the republished notice involves a deadline for acting, the deadline will start on the date of this republication.

10.9  Approved Exclusion – Art. 29 § 1 of the IPL

 

The INPI approves the exclusion of the patent application or certificate of addition of invention requested within the period established in Art. 29 § 1 of Law No. 9,279/96 (IPL) directly by the applicant(s) or submitted through a representative with specific power of attorney for exclusion, on behalf of all applicants. This concludes the proceedings in the administrative sphere of the INPI. The applicant may view the opinion in the Database (INPI Portal). It is not necessary to respond to this notice.

10.9.1  – Exclusion Not Approved – Art. 29 § 1 of the IPL

 

The INPI notifies the applicant that it has not approved the exclusion of the patent application. The applicant can view the supplementary text to the notice in the Database (INPI Portal). It is not necessary to respond to this notice. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the publication date.

 

Table of Notice Codes – Patents

Filing away

11.1  Filing Away – Articles 33, 216 and 217 of the Industrial Property Law (IPL), Resolution 94/2014 and Ordinance 302/2020

The INPI filed away the application due to non-payment of the examination fee within the period specified in Article 33 of Law No. 9,279/96 (IPL). The applicant may check the supplementary text to the notice in the Industrial Property Gazette (RPI). The deadline for the applicant to request the reinstatement of prosecution is up to 60 (sixty) days from the publication date, in accordance with the sole paragraph of Article 33 of the IPL. To do so, the applicant must pay one (1) revenue collection slip (GRU) code 209 (reinstatement of prosecution) and another GRU with the examination request code. The GRU code for the examination application is 203 (invention), 204 (utility model) or 205 (certificate of addition of invention). If the INPI has already examined the international application as ISA/IPEA, the GRU code for the examination request is 284 (invention) or 285 (utility model). GRUs 203 and 284 must be paid in an amount corresponding to the number of claims. The INPI will definitively order the abandonment of the application if the applicant does not pay the GRU with code 209 and the GRU for the examination request within the deadline. Attention! Do not confuse the 60-day deadline with two months, as the count is made by calendar days. If the GRUs are paid through an attorney, the attorney must submit the applicant’s power of attorney in accordance with Articles 216 and 217 of the IPL within 60 (sixty) days from the date of payment of GRU 209, if the power of attorney has not been submitted previously.

11.1.1  Definitive ordered abandoned – Article 33 of the Industrial Property Law (IPL)

 

The INPI will definitively order the abandonment because the applicant did not request the restoration of the application within the period provided for in the sole paragraph of Article 33 of Law No. 9,279/96 (IPL) in accordance with specific regulations in force. In other words, the applicant did not pay the fee for restoration the application and/or the fee for examination within that period. This definitively ordered abandonment is provided for in the sole paragraph of Article 33 of the IPL and terminates the prosecution of the application in the administrative instance.

• – Definitive ordered abandoned – Article 36, paragraph §1, of the Industrial Property Law (IPL)

 

The INPI definitively ordered the abandonment of the application because the applicant failed to submit compliance with the office action notified in the Industrial Property Gazette (RPI) within the period established in Article 36 of Law No. 9,279/96 (IPL). The applicant may check the opinion in the Database (INPI Portal).

• – Filing away – Article 38, paragraph §2, of the Industrial Property Law (IPL)

 

The INPI definitively ordered the abandonment of the application because the applicant did not pay the fee for issuing the Letters Patent within the deadline set forth in paragraphs 1 and 2 of Article 38 of Law No. 9,279/96 (IPL).

11.5  Filing Away – Article 34 of the Industrial Property Law (IPL)

 

The INPI filed away the application because the applicant did not submit compliance with the office action notified in the Industrial Property Gazette (RPI) within the deadline established in Article 34 of Law No. 9,279/96 (IPL). The applicant should check the opinion in the Database (INPI Portal). The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the date of this publication. Attention! Do not confuse the 60-day period with two months, as the count is made by calendar days. In the absence of an appeal within this period, the INPI will keep the application filed away under code 11.20.

 

• Application Filling Away – Article 216, paragraph §2, of the Industrial Property Law (IPL)

 

The INPI definitively ordered the abandonment of the application because the power of attorney was not submitted within 60 (sixty) days from the date of the first act by the party in the proceedings. This definitively ordered abandonment is provided for in paragraph 2 of Article 216 of Law No. 9,279/96 (IPL) and terminates the proceedings of the application in the administrative instance. The INPI will make available in the Database (INPI Portal) a publication brochure of the definitively abandoned application.

11.6.1  Petition Filing away – Article 216, paragraph §2, of the Industrial Property Law (IPL)

 

The INPI filed away the petition because the power of attorney was not submitted within 60 (sixty) days from the date of the act. The interested party should check the supplementary text to this notice in the Industrial Property Journal (RPI). The interested party may file an appeal through the e-filing system, with a revenue

collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the publication date.

11.11  – Filling away – Article 17, paragraph §2, of the Industrial Property Law (IPL)

 

The INPI definitively ordered the abandonment of the application because a subsequent patent application was filed within the deadline and under the terms of Article 17 of Law No. 9,279/96 (IPL). The INPI will make available in the Database (INPI Portal) a publication brochure of the definitively abandoned application. This definitively ordered abandonment is provided for in paragraph 2 of Article 17 of the IPL and closes the prosecution of the application in the administrative instance. Interested parties may view the numbering of the subsequent application in the supplementary text to this notice in the Industrial Property Gazette (RPI). Attention! The applicant must monitor the progress of the subsequent application in the RPI and in the Database. The applicant must also be aware of the deadlines and/or requirements of the prosecution rules for the subsequent application.

11.12  – Filing Away – Article 26, sole paragraph, of the Industrial Property Law (IPL)

 

The INPI filed away the application because the request for division is not in accordance with the deadline established in Article 26 of Law No. 9,279/96 (IPL). The applicant should check the opinion in the Database (INPI Portal) and/or the supplementary text to this notice in the Industrial Property Gazette (RPI) to find out the full reasons. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the date of this publication. Attention! Do not confuse the 60-day period with two months, as the count is made by calendar days. The content of the filed away application will not be disclosed and does not constitute prior art.

11.13  – Notice Annulled

 

The INPI annuls the filing away notice of the application because it was improper. The applicant should check the justification in the opinion in the Database (INPI Portal) and/or in the supplementary text to this notice in the Industrial Property Gazette (RPI). It is not necessary to respond to this notice. If you have any questions, please write to Contact Us (Fale Conosco) on the INPI Portal. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for the appeal is 60 (sixty) days from the publication date.

11.14  – Publication Annulled

 

The INPI annuls the filing away notice because it was improper. The applicant may check the opinion in the Database (INPI Portal) and/or the supplementary text to this notice in the Industrial Property Gazette (RPI). It is not necessary to respond to this notice. If you have any questions, please write to Contact Us (Fale Conosco) on the INPI Portal. The applicant may file an appeal through the e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the publication date.

11.15  – Republishing

 

The INPI republishes the publication of the notice in question because it was published incorrectly. The applicant should check the supplementary text to this notice in the Industrial Property Gazette (RPI). Depending on the notice in question, the applicant may file an appeal. To do so, they must use the e-filing system with a GRU code 214 (appeal). The deadline for filing an appeal is 60 (sixty) days from the publication date of this publication. If the applicant has any questions, it may write to Contact Us. Access the INPI Portal: the RPI, the table of fees with the GRU codes, the GRU issuance and e-filing systems, and Contact Us.

11.17  Filing away of the application for a Certificate of Addition of Invention – Articles 76 and 77 of the Industrial Property Law (LPI)

The INPI filed away the application for a certificate of addition of invention because there is no patent of invention to which the application can be accessory. The applicant should check the opinion in the Database (INPI Portal) and/or the supplementary text to this notice in the Industrial Property Gazette (RPI). If you wish to convert the application for a certificate of addition into a patent application, the applicant may file an appeal by means of an e-filing system, with a revenue collection slip (GRU) code 214 (appeal). The deadline for appeal is 60 (sixty) days from the date of this publication. Attention! Do not confuse the 60-day period with two months, as the count is made by calendar days. In the absence of an appeal within this deadline, the INPI will maintain the application filed away under code 11.20.

 

11.18  Definitive ordered the abandonment due to non-consent related to Article 229-C of the Industrial Property Law (IPL)

The INPI has definitively ordered the abandonment of the patent application after the National Health Surveillance Agency (ANVISA) denied consent. The INPI notified this decision on 19 February 2019 in the Industrial Property Gazette (RPI) during the term of Article 229-C of Law No. 9,279/96 (IPL). This article was included in the IPL by Law No. 10,196/01 and was revoked by Law No. 14,195/21.

11.20  Maintenance of filing away – Article 220 of the Industrial Property Law (IPL)

 

The INPI keeps the application definitively abandoned because the applicant did not file an appeal within the deadline set out in Article 212 of Law No. 9,279/96 – IPL.

11.21  Definitive ordered abandoned – Submission of a subsequent application filed via the Patent Cooperation Treaty (PCT)

The INPI will definitively order the abandonment of the patent application. The decision is due to the admission to the Brazilian national phase of the Patent Cooperation Treaty (PCT) of a subsequent application claiming priority. With this, the prosecution ends its proceedings in the administrative instance. Users can view the number of the application filed via PCT in the supplementary text to this notice in the Industrial Property Gazette (RPI). If you have any questions, please write to Contact Us (INPI Portal).

11.34  – Filing Away

 

The INPI has filed away the application due to the impossibility of restoration or reconstitution. The applicant(s) or interested party(ies) may submit a copy of the documents requested in publication code 15.34 at any time. To do so, they must use the e-filing system with a revenue collection slip (GRU) code 259.

11.34.1  – Reinstatement

 

The INPI has reinstated the prosecution for restoration or reconstitution of the corresponding files and images.

 

Table of Notice Codes – Patents

Appeal

12.2 – Appeal against Rejection – Articles 212 and 213 of the Industrial Property Law (IPL)

 

The INPI notifies the President of the INPI of an appeal against the rejection of the patent application or certificate of addition of invention submitted within the time limit established in Article 212 of Law No. 9,279/96 (IPL). The purpose of the appeal is to review the administrative act of rejection, in accordance with INPI/PR Ordinance No. 10/24. Users can check the protocol number of the appeal petition in the supplementary text to the notice in the Industrial Property Gazette (RPI). The users can also read the appeal petition in the Database. The notification of notice 12.2 in the RPI marks the start of the 60 (sixty) day period for the submission of counterarguments (arguments against) to the appeal by interested third parties, pursuant to Article 213 of the IPL. Attention! Do not confuse the 60-day period with two months, as the count is made by calendar days. Access the INPI Portal: The IPL, other regulations, the RPI and the Database system.

12.3 – Appeal against Filing away – Articles 212 and 213 of the Industrial Property Law (IPL)

 

Notification of appeal to the President of the INPI against the filing away of an application or petition submitted within the period specified in Article 212 of Law No. 9,279/96 (IPL). For applications already published by the INPI, the appeal petition can be accessed in the Database. The notification of notice 12.3 in the Industrial Property Journal (RPI) marks the start of the 60 (sixty) day period for the submission of counterarguments (arguments against the appeal) by interested third parties, pursuant to Article 213 of the IPL. Attention! Do not confuse the 60-day period with two months, as the count is made in calendar days. Access the INPI Portal: The IPL, other regulations, the Database system and the RPI.

12.6  Other Appeals – Articles 212 and 213 of the Industrial Property Law (IPL)

 

The INPI notifies the President of the INPI of any appeal against a decision communicated by the Directorate of Patents, Computer Programs and Integrated Circuit Topographies (DIRPA). The purpose of the appeal is to review the administrative act challenged (appealed), in accordance with INPI/PR Ordinance No. 10/24. Users can check the protocol number of the appeal petition in the supplementary text to the notice in the Industrial Property Gazette (RPI). The user can also read the appeal petition in the Database. The notification of notice 12.6 in the RPI marks the start of the 60 (sixty) day period for interested third parties to submit counterarguments (contrary arguments) to the appeal, pursuant to Article 213 of the IPL. Attention! Do not confuse the 60-day period with two months, as the count is made in calendar days. Access the INPI Portal: The IPL, other regulations, the Database system and the RPI.

12.7  – Publication Annulled

 

The INPI annuls the publication of an appeal notification because it was improper. Users can read the supplementary text to the notice in the Industrial Property Gazette (RPI) to check which publication has been annulled and to find out the reasons for its annulment. It is not necessary to respond to this notice.

12.8  – Republishing

 

The INPI republishes any of the previous sub-items because they were published incorrectly. Users can read the supplementary text to the notice in the Industrial Property Gazette (RPI) to check which notice has been republished and to find out the reasons for its republication. When the republished notice requires action by users, the deadline for this will start on the date of republication.

 

Table of Notice Codes – Patents

Others Related to Notices

• – Petition not known

 

 

• – Petition Suspended

 

 

• – Loss of Priority

 

 

• – Change of Nature

 

Nature changed and application number altered.

 

15.11  – Classification changed

 

The classification of the application has been changed to better suit the application.

 

15.12  – Renumbering

 

Numbering changed because it was numbered incorrectly.

 

15.14 – Notification of Judicial Decision

 

Notification of court decision regarding the application.

 

15.21  – Filed away documentation and file not made

 

Filed Away Documentation and File Not Made Filed away documentation and file considered not made. The application submitted will not have its content disclosed and will not constitute the prior art.

15.22  – Deadline Extensiongranted

 

Notification of extension of deadline, as it was not possible to notify the interested party directly in the prosecution. The additional period granted in the notice shall run from this date. The deadline shall be a minimum of 15 (fifteen) days and a maximum of the legal deadline for the corresponding acts (Art. 221 of Law No. 9,279/96 and IN 030 and IN 031/2013).

15.22.1  – Deadline Extension Denied

 

The request for extension of the deadline was denied since just cause was not proven as defined in Art. 221 of Law No. 9,279/96. The copy of the opinion can be obtained at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password. From this date, there is a period of 60 (sixty) days for the interested party to file an appeal.

15.22.2  – Deadline Extension due to System Failure

 

Notification of deadline extension in accordance with the notice published in the RPI or made available on the INPI website. This notification is intended to indicate that the application has been included in a case of deadline extension already decided by the INPI and to signal to the internal systems for exceptional situations in the execution of automatic routines.

 

15.23  – “SUB JUDICE” application

 

Notification of legal action relating to an application.

 

 

15.25.1  – Notification of request for announcement of application

 

Notifies the existence of a request for publication of the patent application matter in the IP Showcase. Publication of the announcement is conditioned to the compliance with specific legislation.

15.25.2  Formal office action for publication of patent application in the IP Showcase

 

Informs that the formal requirements for publication of the patent application announcement have not been met. The applicant has 60 (sixty) days to correct the irregularities identified through service code 206, description of the object: “Compliance with formal office action for announcement in the IP Showcase for Patents”.

15.25.3  Announcement of accepted application

 

Notifies the admission of the patent application announcement.

 

15.25.4  Application announcement not accepted

 

Informs that the requirements for publication of patent application announcements have not been met and the application has not been admitted. It is possible to make a new application by resubmitting the documentation.

15.30  – Publication Annulled

 

The publication of any of the previous sub-items has been annulled as it was deemed inappropriate.

 

15.31  – Notice Annulled

 

Annulment of the notice relating to any of the previous sub-items due to its being improper. (Any publication involving the annulment of an act or notice shall be justified in the administrative proceedings.)

15.32  – Decision Annuled

 

Annulment of the decision relating to any of the previous sub-items due to its being improper. (Any publication involving the annulment of an act or notice shall be justified in the administrative proceedings.)

15.33  – Republishing

 

Republishing of the publication of any of the previous sub-items due to incorrect publication.

 

15.34  Restoration/Reconstitution of the Application

 

Start of the restoration or reconstitution prosecution. The applicant(s) and interested parties have 60 (sixty) days to submit copies of the requested documents. The revenue collection slip to be used will be service code 259 (exempt).

15.34.1  – Application Restored or Reconstituted

 

Once the documentation has been analysed, the application is restored or reconstituted.

 

15.34.2  – Application Not Restored or Not Reconstituted

 

Once the documents have been analysed, it is not possible to restore or reconstitute the application. Once the documents requested in publication code 15.34 have been recovered, they may be submitted at any time via GRU service 259.

15.34.3  – Incomplete documentation

 

Restoration or reconstitution not performed due to submission of incomplete documentation. Once the documents requested in publication code 15.34 have been recovered, they may be submitted at any time through GRU service 259 (exempt).

 

15.35  – Updating information on the portal

 

Information updated on BuscaWeb for patent application, in cases where DIRPA understands that there is no need to publish a rectification notice. It is no necessary applicant’s response, and such publication does not imply any change in legal deadlines.

15.50 – Notification of filing of a divisional application

 

Notification of the filing of a division of the application in question, according to the information contained in the supplement, including the number and date of submission of the division request. It is no necessary applicant’s response, and such publication does not imply any change in legal deadlines.

 

Table of Notice Codes – Patents

Granting of Patent and Certificate of Addition of Invention

16.1  – Granting of Patent or Certificate of Addition of Invention

 

Issuance of the Letters Patent or certificate of addition of invention. The title is available to interested parties at the competent department of the INPI. From this date, there is a period of six (6) months for any interested party to submit an administrative nullity action (Art. 51 of Law No. 9,279/96). The certificate of addition is an accessory to the patent, has the same expiry date as the patent and accompanies it for all legal purposes. Letters Patent or Certificates of Addition of Invention granted in accordance with Article 38 of Law 9,279/96, at the time of issuance of the Letter Patent, can be accessed at the following website: www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password.

16.2  – Publication Annulled

 

Publication of the grant annulled due to be improper.

 

16.3  – Rectification

 

Rectification of the publication of the patent grant due to an error that does not prevent its identification. Such publication does not imply any change in the publication date of the patent grant or in the deadlines arising therefrom.

16.4  – Grant Annulled

 

Patent grant annulled due to be improper.

 

Table of Notice Codes – Patents

Administrative Nullity

17.1  – Notification of Administrative Nullity Interposition

 

Notification, to the applicant, of the initiation of administrative nullity proceedings. From this date, the applicant has 60 (sixty) days to file an eventual response (Art. 52 of Law No. 9,279/96). The applicant may obtain a copy of the nullity petition at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password.

17.2  – Publication Annulled

 

Annulment of the publication of notification of the initiation of administrative nullity proceedings due to improper.

17.3  – Republishing

 

Republishing of the publication of notification of the initiation of administrative nullity proceedings due to be done with incorrection.

 

Table of Notice Codes – Patents

Forfeiture

18.1  – Notification of Forfeiture Request

 

Notification, to the applicant, of the initiation of forfeiture proceedings due to lack of exploitation by the request of third parties and/or officio. From this date, the applicant has 60 (sixty) days to file a petition (Art. 81 of Law No. 9,279/96).

18.3  – Forfeiture Allowed

 

Declaration of patent forfeiture due to lack of exploitation. The forfeiture decision shall take effect from the date of the request or publication of the officio initiation of proceedings. From this date, the applicant has 60 (sixty) days to file an appeal (Art. 212 of Law No. 9,279/96). The opinion can be obtained at the following website: https://www.gov.br/inpi/pt-br / Quick access / Search / Patent.

18.4  – Forfeiture Rejected

 

The request for forfeiture of the patent due to lack of exploitation has been rejected. From this date, there is a period of 60 (sixty) days for the interested party to file an appeal (Art. 212 of Law No. 9,279/96). The opinion can be obtained at the following website: https://www.gov.br/inpi/pt-br.

18.5  – Appeal against the Grant of Forfeiture

 

Appeal to the President of the INPI against the granting of the forfeiture application, seeking a review of the subject matter. The appeal form can be obtained at https://www.gov.br/inpi/pt-br.

18.6  – Appeal against the Rejection of Forfeiture

 

Appeal to the President of the INPI against the rejection of the forfeiture application, seeking a review of the subject matter. The appeal form can be obtained at https://www.gov.br/inpi/pt-br / Quick access / Search / Patent.

18.7  Office action for forfeiture

 

The request submitted does not formally comply with the provisions of Art. 80 of Law No. 9,279/96 and/or other provisions regarding its form. The applicant is required to remedy the established requirements within 60 (sixty) days from this date, under penalty of rejection of the request.

18.8  – Petition for forfeiture not acknowledged

 

Notifies that the petition submitted was not accepted based on the reasons described.

 

18.10  – Withdrawal of Forfeiture

 

Notification of withdrawal of the request for forfeiture. The INPI may proceed with the initiated forfeiture prosecution (Art. 81 of Law No. 9,279/96).

18.11  – Decision Annulled

 

Annulment of the forfeiture decision on the grounds that it was improper. (Any publication involving the annulment of an act or notice shall be justified in the administrative prosecution.)

18.12  – Publication Annulled

 

Publication of any of the previous sub-items is annulled because it was improper.

 

18.13  – Republishing

 

Republishing of the publication of any of the previous sub-items due to incorrect publication.

 

Table of Notice Codes – Patents

Notification of Judicial Decision

19.1  – Notification of Judicial Decision

 

Communication of a judicial decision relating to a patent.

 

19.2  – Publication Annulled

 

Publication of judicial decision annulled due to improper filing.

 

19.3  – Rectification

 

Rectification of the publication of a judicial decision due to an error.

 

Table of Notice Codes – Patents

Extinction of Patent and Certificate of Addition of Invention

21.1  – Expiration – Art. 78, item I of the IPL

 

Notification of the expiry of the patent and its certificates, if applicable, due to the expiry of the term of legal protection.

21.2  – Expiration – Art. 78, item II of the IPL

 

Notification of the expiry of the patent and its certificates, if applicable, by approval of the waiver submitted by its owner. Once the waiver has been approved, the patent shall be considered expired on the date of submission of the waiver.

21.6  – Expiration – Art. 86 of the IPL

 

Expiration of the patent due to non-payment of the annual fee, late payment of the annual fee or failure to comply with the office action to supplement the annual fee. From this date, the applicant has three (3) months to request the restoration of the patent by paying the specific restoration fee (GRU with service code 208) and, as applicable: payment of the annual fee in arrears; or payment corresponding to the supplement of the additional fee referred to in Art. 84(2) of Law No. 9,279/96, under penalty of termination in accordance with the provisions of Article 78(IV) of Law No. 9,279/96.

21.7  Expiration – Art. 78, item V of the IPL

 

Notification of the expiration of the patent and its certificates, if applicable, since, upon request by the INPI, the applicant failed to prove the obligation arising from Art. 217 of Law No. 9,279/96.

21.8  – Notice Annulled

 

Annulment of the notice for the expiry of the patent on the grounds that it was improper. (Any publication involving the annulment of an act or notice shall be justified in the administrative prosecution.)

21.9  – Publication Annulled

 

The publication of any of the previous sub-items has been annulled because it was inappropriate.

 

21.10  – Republishing

 

Republishing of the publication of any of the previous sub-items due to incorrect publication.

 

Table of Notice Codes – Patents

Others Referent to Patent/Certificate of Addition of Invention

22.2  – Petition Not Known

 

Petition not known due to the provisions of Articles 218 or 219 of Law No. 9,279/96.

 

22.3  – Petition Suspended

 

The petition has been suspended to wait for necessary measures for its consideration.

 

22.4  Application for Compulsory Licence for Patent Exploitation

 

Notification of requirements for compulsory licence for exploitation of the patent and its certificates, if applicable, in accordance with the provisions of Art. 68 of Law No. 9,279/96. From this date, the applicant has 60 (sixty) days to respond. See the corresponding publication in the Technology Agreement section.

22.5  Miscellaneous Office Actions

 

“”Office action formulated for adequacy or compliance with legal provisions within 60 (sixty) days from this date. If the office action has not been specified in the RPI notice, the opinion can be obtained at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password.

“”

22.6.1  – Notification of patent announcement request

 

Notifies the existence of a request for publication of the patent matter in the IP Showcase. Publication of the announcement is conditioned to compliance with specific legislation.

22.6.2  Formal office action for announcement in the IP Showcase of Patents

 

Informs that the formal requirements for publication of the announcement have not been met. The applicant has 60 (sixty) days to remedy the irregularities identified through service code 206, description of the object: “Compliance with formal office action for announcement in the IP Showcase for Patents”.

• – Patent announcement accepted Notifies the acceptance of the patent announcement.

22.6.4  – Patent announcement not accepted

 

Informs that the requirements for publication of the announcements have not been met and the request has not been accepted. It is possible to make a new request by resubmitting the documentation.

22.11  – Return of deadline

 

Notification of return of deadline since it was not possible to notify the interested party directly in the prosecution. From this date, the additional period granted in the notice will begin. The deadline will be a minimum of 15 (fifteen) days and a maximum of the legal deadline for the corresponding acts (Art. 221 of Law No. 9,279/96 and IN 030 and IN 031/2013).

22.12  – Offer of Patent Licence

 

Notification of offer of licence (or renewal thereof) for exploitation of the patent (Art. 64 § 1 of Law No. 9,279/96). The interested party may obtain a full copy of the contractual conditions offered by the applicant upon request via e-filing system or form FQ005.

22.13  – Withdrawal of the Licence Offer

 

Notification of withdrawal of the licence offer by the applicant (Art. 64 § 4 of Law No. 9,279/96).

 

22.14  Filing away of the Petition – Art. 216 §2 of the IPL

 

The petition was filed away, since the proper power of attorney was not submitted within 60 (sixty) days of the act being performed. From this date, there is a period of 60 (sixty) days for the interested party to file an appeal.

22.15  – Patent “SUB JUDICE”

 

Notification of legal action relating to a patent.

 

22.20  – Publication Annulled

 

The publication of any of the previous sub-items has been annulled because it was improper.

 

22.21  – Notice Annulled

 

Notice relating to any of the previous sub-items annulled due to being improper. (Any publication involving the annulment of an act or notice must be justified in the administrative prosecution.)

22.22  – Decision Annulled

 

Annulment of the decision relating to any of the previous sub-items due to its being improper. (Any publication involving the annulment of an act or notice shall be justified in the administrative prosecution.)

22.23  – Republishing

 

Republishing of any of the previous sub-items due to incorrect publication.

 

22.34  – Restoration/Reconstitution of Patent

 

Start of the restoration or reconstitution prosecution. The applicant(s) and interested parties have 60 (sixty) days to submit copies of the requested documents. The revenue collection slip to be used will be service code 259 (exempt).

 

• – Restored or Reconstituted Patent

The restoration or reconstitution of the patent has been completed.

22.34.2  – Patent Not Restored or Reconstituted

 

Once the documents have been analysed, it is not possible to restore or reconstitute the patent. Once the documents requested in publication code 22.34 have been recovered, they may be submitted at any time via GRU service 259.

22.34.3  – Incomplete documentation

 

Restoration or reconstitution not carried out due to incomplete documentation. Once the documents requested in publication code 15.34 have been obtained, they may be submitted at any time through GRU service 259 (exempt).

 

Table of Notice Codes – Patents

Prosecution of Applications According to Articles 230 and 231 of Law 9279/96

23.1  Notification of Filed Application

 

 

 

• Notification of Filed Divisional Application

 

Notification of divisional application of a previously filed application. The divisional application has the same filing date as the original application. The divisional application is considered to be at the same stage of prosecution as the original application.

23.2  Office action

 

Suspension of prosecution of the application, which, for regular instruction, will await fulfilment of the office action formulated within 90 (ninety) days from this date.

23.3  Publication of the Application for Third Party Manifestation

 

The application is published once the declaration of non-commercialisation has been submitted by the filing date. From this date, a period of ninety (90) days begins for any interested party to submit a manifestation regarding compliance with the provisions of the caput of Art. 230 of Law 9279/96.

– Notification for Applicant Contestation

 

 

• – Filing away

 

 

 

• Denial of the Application

 

 

 

• – Appeal

 

 

 

• – Issuance of the Patent

 

 

 

• – Publication Annulled

 

 

 

• – Republishing

 

 

 

• – Rectification

 

 

 

• – Approval

 

Allowed the application. From this date, there is a period of 60 (sixty) days for payment of the fee for issuance of the Letters Patent. Payment of this fee may still be made within the following 30 (thirty) days, regardless of notification by the RPI. Failure to pay and provide proof of payment within the above deadlines will result in the definitively order the abandonment of the application.

• – Decision Annulled

 

 

 

• – Notice Annulled

 

 

 

• – Others

 

 

 

• Notice Related to Art. 229 of the IPL

 

The technical examination concluded that the application meets the requirements established by Articles 229 to 231 of Law No. 9,279/96. Its granting is conditional to the obtaining of the consent referred to in Art. 229 of Law No. 9,279/96, as amended by Law No. 10,196/2001.

23.18  – Notification of Interposition of Administrative Nullity

 

Notification to the applicant of the initiation of administrative nullity prosecution. From this date, the applicant has 60 (sixty) days to respond (Art. 52 of Law No. 9,279/96). A copy of the nullity prosecution may be requested by e-filing system or using form FQ005.

23.19  – Expiration – Art. 78 of the IPL

 

Notification of the expiration of the pipeline patent due to the expiration of the term of legal protection.

 

Table of Notice Codes – Patents

Patent Annuity

24.1  Office action for Proof of Annuity

 

 

 

• Office action for Complementary Annual Fee

 

The applicant must complement, in accordance with the table in force on the date of the complementation, the payment of the specified annual fee, by means of an e-filing system or form FQ002 accompanied by proof of payment corresponding to compliance with the office action and the complementary annual fee in the amount of the additional fee referred to in Art. 84, paragraph 2, of Law No. 9,279/96. Failure to comply within 60 (sixty) days will result in the expiration of the patent under the terms of Art. 87 of Law No. 9,279/96.

24.3  Notification of the expiration of the patent for the purposes of restoration under the terms of Art.87 of the IPL.

 

 

• – Restoration

 

Notification of the restoration of the patent.

 

24.5  – Notice Annulled

 

Annulment of the notice relating to any of the sub-items on the grounds that it was improper. (Any publication involving the annulment of an act or notice shall be justified in the administrative prosecution.)

24.6  – Publication Annulled

 

Annulment of the publication relating to any of the sub-items due to it being improper.

 

24.7  – Republishing

 

Republishing of any of the sub-items due to incorrect publication.

 

24.8  Definitive Expiration – Art. 78, item IV of the IPL

 

Definitive expiration of the patent and its certificates, if applicable, due to failure to pay more than one annual fee within the deadlines set forth in IN 113/2013 and Articles 84 and 86 of Law No. 9,279/96, not applying the restoration provided for in Article 87 of the aforementioned Law.

 

24.10 – Maintenance of Expiration – Art. 78, item IV of the IPL

 

 

Table of Notice Codes – Patents

Annotation of Change of Name and/or Headquarters, Transfer and Limitation or Encumbrance of Application, Patent and Certificate of Addition of Invention                                             

25.1  Transfer Granted

 

Notification of the granting of the requested transfer. From this date, a period of 60 (sixty) days begins for any appeal by the interested party.

25.2  – Transfer Rejected

 

Notification of the rejection of the requested transfer. From this date, the interested party has 60 (sixty) days to appeal the decision.

25.3  Transfer in Office Action

 

Office action related to the application of requested transfer. From this date, there is a period of 60 (sixty) days to comply with the office action, under penalty of rejection of the transfer.

25.4  Name Change Granted

 

Notification of granting of the requested name change. From this date, there is a period of 60 (sixty) days for the interested party to appeal.

25.5  – Name Change Rejected

 

Notification of the rejection of the requested name change. From this date, there is a period of 60 (sixty) days for the interested party to appeal.

25.6  Name Change in Office Action

 

Office action relating to the requested name change. From this date, there is a period of 60 (sixty) days to comply with the office action, under penalty of rejection of the change.

25.7  Headquarters Change Granted

 

Notification of granting of the requested headquarters change. From this date, there is a period of 60 (sixty) days for the interested party to appeal.

25.8  – Headquarters Change Reject

 

Notification of rejection of the requested headquarters change. From this date, there is a period of 60 (sixty) days for the interested party to appeal.

25.9  Headquarters Change in Office Action

 

Office action relating to the application of requested headquarters change. From this date, there is a period of 60 (sixty) days to comply with the office action, under penalty of rejection of the change.

25.10  – Notice Annulled

 

Annulment of the notice relating to any of the previous sub-items due to it being improper. (Any publication involving the annulment of an act or notice must be justified in the administrative prosecution.)

25.11  – Republishing

 

Republishing of any of the previous sub-items due to it being inappropriate.

 

25.12  – Publication Annulled

 

Annulment of the publication of any of the previous sub-items due to incorrect publication.

 

25.13  – Limitation or Encumbrance Annotation

 

Notification regarding the annotation of limitations or encumbrances as indicated in the supplement.

 

Table of Notice Codes – Patents

Preliminary Opinion on Patentability – Pilot Program

26.1  – Eligible Application

 

Notification to the applicant that the application is eligible to participate in the Preliminary Opinion on Patentability Pilot Program.

26.2  Irregular application

 

Notification to the applicant that the application is not eligible to participate in the Preliminary Opinion on Patentability Pilot Program.

26.3  Excess Application

 

Notice to the applicant that the application has exceeded the limit of places in the Preliminary Opinion on Patentability Pilot Program.

26.4  – Preliminary Opinion on Patentability

 

Communication to the applicant of the “Preliminary Opinion on Patentability”.

 

26.5  – Republishing

 

Republishing of a publication due to errors.

 

26.6  – Rectification

 

Rectification of publication due to an error that does not prevent its identification. This publication does not imply in any change in the publication date or the deadlines arising from it.

26.7  – Publication Annulled

 

Publication annulled due to being improper.

 

Table of Notice Codes – Patents

Codes for Priority Prosecution

28.10  – Notification of priority prosecution request

Notifies the request for priority prosecution for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.1  Notification of request for priority prosecution for elderly applicants

Notifies the request for priority prosecution by an elderly applicant for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.2  – Notification of request for priority prosecution for physically or mentally disabled applicant

Notifies the request for priority prosecution by a physically or mentally disabled applicant for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.3  Notification of request for priority prosecution for applicants with serious illnesses

Notifies the request for priority prosecution by an applicant with a serious illness for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.4  Notification of request for priority prosecution for MEI, ME or EPP applicants

Notifies the request for priority prosecution by MEI, ME or EPP applicant for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.5  – Notification of request for priority prosecution for ICT applicants

Notifies the request for priority prosecution by ICT applicant for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.6  – Notification of request for priority prosecution for Startup applicants

Notifies the request for priority prosecution by a Startup applicant for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.11   – Notification of request for priority prosecution for green technology

Notifies the request for priority prosecution for green technology for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.12   – Notification of request for priority prosecution for health treatment technology

Notifies the request for priority prosecution for health treatment technology for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.13   – Notification of request for priority prosecution of technology requested by the Ministry of Health

Notifies the request for priority prosecution of technology requested by the Ministry of Health. Admission is conditioned to the compliance with specific legislation.

28.10.21   – Notification of request for priority prosecution by applicant alleging infringement

Notifies the request for priority prosecution by the applicant alleging infringement for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.22   – Notification of request for priority prosecution by a third party accused of infringement

Notifies the request for priority prosecution by a third party accused of infringement for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.23   – Notification of request for priority prosecution for prior user of technology

Notifies the request for priority prosecution for prior user of technology for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.24   – Notification of request for priority prosecution for release of financial resources

 

Notifies the request for priority prosecution for the release of financial resources for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.25   – Notification of request for priority prosecution for technology resulting from public funding

 

Notifies the request for priority prosecution for technology resulting from public funding for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.26   – Notification of request for priority prosecution for technology available on the market

 

Notifies the request for priority prosecution for technology available on the market for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.31 – Notification of request for priority prosecution for patent family initiated in Brazil

 

Notifies the request for priority prosecution for patent families initiated in Brazil for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.10.32 – Notification of request for PPH priority prosecution

 

Notifies the request for priority prosecution for the listed patent cases. Admission is conditioned to the compliance with specific legislation.

28.20  – Priority prosecution petition not acknowledged

 

Notifies that the petition submitted was not recognised based on the reasons described.

 

28.21  – Formal office action for priority prosecution

 

Notifies the formal requirements for priority prosecution that have not been met. The applicant has 60 (sixty) days to remedy the irregularities identified through service code 206, description of the object: “compliance with the formal examination for priority prosecution”.

28.22  – Priority prosecution request forwarded for technological confirmation.

 

Notifies that the formal conditions for priority prosecution of the listed cases have been met, but technology confirmation is required. Admission to priority prosecution is conditioned to the confirmation that the technology complies with specific legislation.

28.23  – Priority prosecution request forwarded for evaluation by the unit senior manager

 

Notifies that the case has been forwarded for evaluation by the head of the unit because it is considered an omitted case.

28.30  – Priority prosecution admitted

 

Notifies the admission of priority prosecution to the patent case throughout the INPI’s administrative sphere.

 

28.31  – Priority prosecution due to national emergency or public interest

 

Notifies the priority in the prosecution of the patent application throughout all the INPI administrative sphere, as the subject matter is covered by an act of the Federal Executive Branch.

28.32  – Priority prosecution due to request by the Ministry of Health granted

 

Notifies the priority in the patent prosecution throughout all the INPI administrative sphere, as the subject matter is considered strategic within the scope of the SUS.

28.40 – Priority prosecution not admitted

Notifies that the request for priority prosecution for the listed cases has not been admitted for the reasons described.

 

28.42 – Priority prosecution requested by the Ministry of Health not admitted

 

Notifies that the Ministry of Health’s request for priority prosecution has not been admitted for the reasons described.

 

28.90  – Rectification of priority prosecution notice

 

Notifies the correction of the publication due to an error that does not prevent its identification. Such publication does not imply any change in the publication date or the deadlines arising therefrom.

28.91  – Republishing of priority procedure notice

 

Notifies the republication of the publication due to errors. The publication date and deadlines will be counted from this publication.

28.92  – Publication of priority procedure notice annulled

 

Notifies the annulment of the publication of any of the previous sub-items due to it being improper.

 

28.93  – Priority prosecution revoked

 

Notifies that the priority prosecution of the listed cases has been revoked for the reasons described.

 

Table of Notice Codes – Patents

Suspension

29.1  – Technical examination suspended due to unpublished material

 

The technical examination of the patent application has been suspended due to the existence of unpublished prior art that influences the decision.

29.2  Patent application suspended by court determination

 

All acts relating to the patent application are suspended by court determination.

 

29.3  – Patent suspended by court determination

 

All acts relating to the patent are suspended by court notice.

 

29.10  – Lifting of suspension

 

Continuation of the prosecution of the patent application, technical examination or patent.

 

29.11  – Rectification

 

Correction of the publication due to an error that does not prevent its identification. Such publication does not imply any change in the publication date or the deadlines arising therefrom.

29.12  – Publication Annulled

 

Publication annulled due to being improper.

 

Table of Notice Codes – Patents

Presidency – Appeal

100  – The appeal is admitted and the application is allowed. The appealed decision has been overturned, and the application has been allowed.

 

• – The appeal is admitted and the application is allowed. The appealed decision was overturned, and the application was granted.

 

The appeal is admitted and the application is allowed. The appealed decision was overturned, and the application was allowed. From this date, there is a period of 60 (sixty) days for payment of the fee for issuance of the Letters Patent.

 

100.2  – The appeal is admitted and the application is allowed. The rejection is annulled, and the case is returned to the lower court for the prosecution of examination.

The appeal is admitted and the application is allowed. The rejection is annulled, and the case is returned to the lower court for the prosecution of the examination.

102 – The appeal is admitted and the application is allowed. Reinstatement of the application to continue examination

 

 

 

103 – The appeal is admitted and the application is allowed. Petition reinstatement

 

 

 

104 – The appeal is admitted and the application is allowed. The appealed decision is overturned.

 

 

 

106 – Appeal Decision: Unionist Priority Maintained

 

 

 

111 – Appeal known and provision rejected. Rejection of the application maintained

 

 

 

112 – Appeal know and provision rejected. Filing away of the application maintained

 

 

 

113 – Appeal know and provision rejected. Filing away of the petition maintained

 

 

 

115 – Appeal know and provision rejected. Filing away of the appealed decision maintained.

 

 

 

116 – Appeal Decision: Loss of Priority

 

 

 

120 – Take note of the Technical Opinion

 

A copy of the opinion can be obtained at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password.

 

121 – Office action

 

A copy of the opinion can be obtained at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password.

• – Appeal Prejudiced

 

 

 

• – Appeal Not Know

 

 

 

• – Decision annulled

 

 

 

• – Rectification

 

 

 

• – Withdrawal of Appeal

 

 

 

• – Publication Annulled

 

 

 

• – Petition not Known

 

 

 

• – Petition prejudiced

 

 

 

• – Petition filed away

 

 

 

• – Republished

 

 

 

• – Return of deadline

 

 

 

• – Miscellaneous Notifications

 

Suspension of the patent application prosecution so that the patent application can be properly regular instructed. The applicant may obtain the opinion at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password. Failure by the applicant to respond within 60 (ninety) days of this date will result in the petition being disregarded.

 

Table of Notice Codes – Patents

Presidency – Nullity

• – Nullity Administrative prosecution known and granted. Patent nullity declared.

 

 

• – Nullity Administrative prosecution known, prosecution denied. Patent granted maintained.

 

 

• – Nullity Administrative prosecution known, partially provided. Patent granted maintained.

 

 

• – Summons for manifestation by the owner and applicant

 

A copy of the summons can be obtained at www.inpi.gov.br – Quick Access – Search – Patent. To access, register on the INPI Portal and use your login and password.

• – Petition not known

 

 

• – Nullity not known

 

 

• – Administrative Prosecution suspended

 

 

• – Nullity prejudiced

 

 

• – Decision annulled

 

 

• – Miscellaneous Notifications

 

 

• – Miscellaneous Rectifications

 

 

• – Petition not know

 

 

• – Petition filed away

 

• – Return of Deadline

 

 

• – Republishing

 

• – Publication Annulled