On March 10, 2026, the Brazilian Patent and Trademark Office (BRPTO) published Normative Ordinance BRPTO/PR/DIRPA #2, of March 6, 2026, which sets forth revised procedures applicable to the substantive examination of patent applications. The new Ordinance provides guidance to patent examiners regarding procedures related to search reports, third ‑ party observations, first and second substantive examinations under the regular examination flow, as well as preliminary office actions 6.21, 6.22, and 6.23, and their respective first examinations. These procedures apply to utility patent applications, utility model applications, and certificates of addition of invention.

Said procedures, all of which are part of the patent granting macroprocess, had already been adopted by the Directorate of Patents (DIRPA) as set forth in BRPTO Ordinance #10, of October 18, 2021, and BRPTO/DIRPA Ordinance #3, of June 7, 2022. Although not expressly mentioned in Normative Ordinance BRPTO/PR/DIRPA #2/2026, the procedures provided for in BRPTO/DIRPA Ordinance #2, of June 7, 2022, were also revised.

Among the amendments introduced by Normative Ordinance BRPTO/PR/DIRPA #2/2026, the following points stand out:

• Prior art search reports must clearly indicate the search strategy adopted, specifying the classification systems used—especially IPC and CPC—as well as the databases consulted.

• Examiners are required to precisely describe the technical problem addressed, identify the distinctive technical features of the claims, and demonstrate, in a reasoned manner, the correlation between such features and the relevant prior art. The Ordinance further emphasizes the need for adequate technical reasoning, prohibiting generic conclusions or conclusions lacking documentary support.

• All claims must be examined, including those that violate Articles 10 and 18 of the Brazilian Patent Statute, as well as issues related to sufficiency of disclosure and claim support, pursuant to Articles 24 and 25 of the Brazilian Patent Statute, respectively.

• Whenever applicable, an objection based on Article 6 of the Brazilian Patent Statute, which addresses double patenting, must be raised.

• Additionally, the Ordinance allows the use of artificial intelligence tools as auxiliary instruments in specific examination activities, provided that the use of such resources is expressly recorded in the technical opinion issued by the examiner.

The publication of the revised procedures has significant practical implications, as it enhances transparency regarding the methodologies applied in substantive examination and enables users to more accurately anticipate potential issues that may arise during the prosecution of patent applications. The standardization of practices strengthens the uniformity of assessments carried out by the different technical divisions of DIRPA and contributes to the consistent application of the applicable legislation. From a strategic standpoint, these procedures allow users to adjust their prosecution strategies to the model adopted by the BRPTO, providing a clearer and more predictable understanding of how substantive examination operates within the Brazilian patent system.

The full text of the new Ordinance in Portuguese is available here.

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