Friday, 26 June 2009

Acts of God and Brazilian national phase PCT applications

The Brazilian Patent Office published on 14 May 2009 Resolution 212/09, which establishes procedures for national phase entry of PCT applications after the 30-month time limit. According to this Resolution, an application that failed to enter into the Brazilian national phase within the 30-month time limit on account of Acts of Gods may proceed with the filing in the Brazilian national phase upon the evidencing of such event. Acts of Gods mean unforeseeable and unpredictable events that go beyond the applicant´s will and prevent him to take the necessary steps to enter into the Brazilian national phase within the appropriate term.

As a result, the presentation of the Brazilian national phase entry after the 30-month should occur within 2 months counted from the date of the relevant Act of God ceased or within 12 months from the 30-month deadline for national phase entry, whichever expires first.

Information provided by Di Blasi, Parente, Vaz e Dias & Associados

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