In Brazil , when initiating the patent application process , the application documents are submitted
to the Agency for Industrial Property RightsBrazilian National Institute of Industrial Property ( INPIin Portuguese abbreviation ) , which requires at least a written application , a detailed statement ,Commented [QCA1]: Subject Matter Expertise - Using correcttechnical expressions following scientific/academic/industry/subject
conventions

scope of claims , a summary and a certificate of payment for the application fee . In the event thatthese requirements are not met , INPI will issue an examiner reviewer’ s notice regarding the scheme .
The applicant must respond to this within 30 days . Failure to respond to the notificationnotice will

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result in the application being invalid and withdrawn .
According to the Brazilian Industrial Property Act , submitted patent applications can be madepublic in the disclosure of unexaminedpending patent applications 18 months after the filing date .

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However , considering that there are many backlogs ( unprocessed portions ) of patent applications
held by INPI , it is common for patent applications to be released in approximately two to three
years . During the period from the date of publication of the pending patent application to the end of
the examinationreview , third parties and applicants may submit their opinions to support theexaminationreview .
The applicant must file a request for examinationreview of the application within 36 months of theCommented [QCA4]: Subject Matter Expertise - Technical Word
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application date . Failure to file a request for review within 36 months will result in the application
being withdrawn . However , the applicant may recover the withdrawn application by paying theprescribed fee within 60 days from the withdrawal date . If the applicant fails to comply with thisdeadline , it will be confirmed that the application has been withdrawn .
In addition , the applicant may file an amendment for the specificationdetailed statement and theCommented [QCA5]: Subject Matter Expertise - Technical Word
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draft scope of the claims by the time the applicant submits the examinationreview invoice to clarify

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Accuracyor clarify the details of the submitted application . Nevertheless , any corrections amendments should
be limited to correctionsamendments that were first disclosed at the time of application . Once aCommented [QCA7]: Subject Matter Expertise - Technical Word
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request for review has been submitted , such amendment will not be accepted if the amendment mayalter or expand the scope of protection of the subjectobject stated in the claim in any decision of theapplicant or in any of the examiner reviewer's notices . In this respect , only correctionsamendments
are accepted that restrict the object stated in the claim .
During the review period , two types of official notificationsnotices are issued : a notificationnoticeby the examiner reviewer and a non-final notificationnotice about the reason for refusal . The
applicant must respond to these notices within 90 days from the date of publication of the pending
patent application .
Simply put , an examinerreviewer 's notice generally consists of formal requirements , such asbreachingbreaches of clarity requirements or supporting requirements . In the event of a last-minutewww.crimsonjapan.co.jp

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notice of the reason for refusal non-final notice about the reason for refusal, the application may berejected . This typically occurs because you violate patentability requirements , such as novelty orlack of invention . There is no limit to the number of official notificationnotices that can be issued .
INPI announces its decision to grant or reject a patent in the publication of an unexaminedpending
patent application , thereby terminating the examinationreview process .

www.crimsonjapan.co.jp

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