Preliminary Opinion

The “Preliminary Opinion on Patentability” is available to the public again. This service is now offered permanently by INPI to all patent applications, including the confidential ones.

The “Preliminary Opinion on Patentability” is a report issued by a Patent Examiner with an opinion on the patentability of patent applications, enabling the applicant to obtain a quicker search and preliminary assessment on the application when compared to the regular flow of the examination.

In order to participate in the Pilot Program “Preliminary Opinion on Patentability”, the patent application shall meet the following mandatory requirements:

• The application shall be filed in Brazil, causing an effect of national application and guaranteeing the right to priority originated in Brazil;
• The service shall be requested by the patent application owner;
• The application must be compliant with the payment of the annual fee;
• The technical examination of the patent application shall not have been published in the RPI;
• The progress of the patent application shall not be suspended for the regular instruction of the patent, in order to meet the requirement(s) formulated;
• The grant of the priority examination shall not have been published in the RPI.