Possible Legal Remedies for Applicants Affected by Flooding in Brazil
The National Institute of Industrial Property (INPI) (Brazil) has notified the International Bureau (IB) that, due to severe flooding in the Brazilian state of Rio Grande do Sul, and in accordance with PCT Rule 82quater.1(d), it will waive the need for evidence for excuse of delay under PCT Rule 82quater.1(a) where a time limit fixed in the PCT Regulations for performing an action before it, between 24 April and 28 October 2024, is not met by an interested party residing, having a place of business or staying in the State of Rio Grande do Sul.
For additional information, please refer to Ordinance No. 23 published in the INPI Gazette of 21 May 2024, at:
https://revistas.inpi.gov.br/rpi/
Furthermore, in accordance with PCT Rule 82quater.1(d), the IB (including in its capacity as receiving Office) will also waive the need for evidence for requests for excuse of delay in meeting time limits under PCT Rule 82quater.1(a) if it is stated that the delay is due to the flooding in Rio Grande do Sul.
Affected PCT applicants who are unable to file their PCT applications within the priority period because of the flooding, but who are able to file them within 2 months from the expiration of the 12-month period, can request restoration of the right of priority under PCT Rule 26bis.3 before receiving Offices which apply this provision. Because INPI still maintains a notice of incompatibility in relation to this Rule, affected applicants in Brazil may choose to file such PCT applications with the International Bureau as receiving Office.