The Brazilian Patent and Trademark Office (INPI) has proposed the regulation of Alternative Claims (Alternative QRs) for patent applications, allowing the submission of different versions of claims within the same petition during the first technical examination on the merits. Although this practice has already been accepted, there had been no clear regulation on the matter until now.
The proposal aims to provide greater flexibility to the technical examination, as well as to align the Brazilian patent system with international practices. Among the main guidelines, the following should be highlighted:
- the possibility of submitting up to three alternative versions of claims;
- restrictions on the expansion of the scope of protection originally requested;
- the obligation to clearly explain the differences between the versions submitted; and
- the maintenance of the same inventive concept already considered in the search carried out.
The INPI also points out that the adoption of Alternative QRs may contribute to reducing the overall time required for patent grants. However, it emphasizes the need for special technical care in drafting the claims in order to avoid inconsistencies or risks to the scope of protection.
The proposal represents a relevant advancement in terms of predictability and legal certainty in the patent granting process in Brazil, while bringing the country closer to practices already consolidated in other jurisdictions.