New codes and procedures

The Schedule of Fees for the services provided by the Brazilian National Institute of Industrial Property – INPI, published in the Federal Official Gazette on February 7, 2014, contains new codes involving INPI’s activities within the scope of the Patent Cooperation Treaty (PCT) (Receiving Office ¬– RO, International Search Authority – ISA, and International Preliminary Examining Authority – IPEA). We would like to inform the new codes and the corresponding specific procedures adopted, namely:

Code 270 – Copy per page of a document related to the international phase of the PCT (Rules 44.3(b), 71.2, and 94.2): the applicant may request a copy of the patent and non-patent documents referred to in the International Search Report through the email pct@inpi.gov.br, informing the number of the international application, the documents of interest, and the way the copy will be provided (on paper or electronically). Based on the information given, INPI shall issue a form informing the number of copies (pages) and the corresponding amount to be paid.

Code 287 – Late payment pursuant to the PCT (Rule 12.3(e); Rule 16 bis 2; Rule 45 bis 4(c); and Rule 58 bis 2): after the term for paying the fees of the international application expires, the late payment shall be done according to INPI in a specific form of the PCT. - Code 291 – Complaint for lack of unity – international search and preliminary international examination pursuant to the PCT (Rules 40.2(e) e 68.3(e)): in case of lack of unity of invention, the applicant may pay the additional fees “under complaint”, that is, presenting arguments in favor of the unity of invention or with respect to the excessive value of the additional fees. In this case, the complaint fee shall accompany the additional fee of international search/examination (Code 267/269).

Code 292 – Provision of a sequence listing upon request by the International Search Authority pursuant to the PCT (Rule 13 ter.1.c): when the electronic sequence listing is not provided at the moment of the filing of the international application, INPI, acting as an International Authority, may request it to be provided for purposes of international search (Rule 13ter.1.a). In this case, the electronic sequence listing shall be provided upon payment of the provision fee, pursuant to the value and term established in the notice issued by INPI. We would like to inform that, regardless of the filing of the international application (PCT) with INPI being on paper copy, the sequence listing, if any, may be provided on paper and/or  digitally (CD). In order to carry out a suitable international search, the sequence listing must be electronic.

Code 293 – Remittance of official fees for a filing of international application pursuant to the PCT: replaces Code 802 of INPI/PR Resolution No. 274 of September 24, 2011. 

We are at your disposal for any further clarifications you may need through the email pct@inpi.gov.br.