This Tuesday, March 10, the BRPTO’s Directorate of Patents, Software, and Integrated Circuit Topographies (DIRPA) published Ordinance #01, of March 4, 2026, establishing the requirements for withdrawal and abandonment of applications, patent waiver, and abandonment of briefs.

A request for withdrawal concerns an application that has already been accepted by the BRPTO but has not yet been published, whereas abandonment applies to a published application. In the case of patents, waiver formalizes their expiration.

The request for abandonment of a brief must be submitted before the publication corresponding to the service subject to which the abandonment refers. Abandonments are not accepted for examination requests or for actions with a deadline set by the Brazilian Patent Statute.

Only the applicant or the patentee may request the withdrawal or abandonment of their application or the waiver of their patent. The abandonment of a brief, in turn, may only be requested by the party that filed the brief in question. If the acts governed by the Ordinance are carried out by an attorney, the power of attorney must grant specific powers related to such acts, as applicable.

The full text of the new ordinance is available here.

If you have any questions regarding this matter, please contact us at info@lickslegal.com. We will gladly assist you.