BPTO Establishes New Guidelines for Continuation of Technical Examination after the patent application has been returned from the second instance to the first instance

On May 23, 2025, the Brazilian Patent and Trademark Office (BPTO) published Ordinance BPTO/DIRPA No. 04/2025, which approves Procedure CPAT–ETP–PP–0012. This procedure establishes specific guidelines for resuming the technical examination of patent applications after an appeal has been filed when the second administrative instance issues a decision (Order 100.2) instructing the return of the application to the first instance for further examination.

As a reference, since March 8, 2024, with the publication of Ordinance BPTO/PR No. 10/2024, new rules have governed administrative appeals. Notably, the rules provide that if the second instance finds that the technical analysis by the first instance was not exhausted, the process must be returned so that the first instance may complete the examination, as the case is not deemed ready for a final decision.

The new regulation has significant implications for patent applicants whose applications were initially rejected but later had those decisions overturned by the second instance, resulting in the case being returned to the original instance for continued examination.