New-use chemical patent examination

chemical patent examination

On July 29, the Brazilian Patent and Trademark Office (INPI) launched a Call for Contributions #02/2025 to the proposed text that modifies Chapter 9 of the Examination Guidelines for Chemistry patents. Feedback will be open until 27 September 2025.

Chapter 9 of the Examination Guidelines for chemistry applications refer to new uses, which is now being under review. Among the most interesting modifications, the proposed text:

  • Clarifies that this chapter applies to all chemical inventions regardless of the specific technical field (i.e., medical), and particularly covering new uses in the agrochemical field.
  • Prohibits the submission of post filing data supporting the new use. Current Chapter 9 allows the filing of this data provided it complements the data that should be included in the Specification. With the proposed amendment, no additional data could be submitted in order to enable the claimed new use.

Source.

8 Aug, 2025

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