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December 20, 2016

Newsletter - Brazil - Implementation of online proceedings for software registration sent to public consultation

The Brazilian Patent and Trademark Office (INPI) opened a public consultation on the implementation of a new electronic system for software registration. Any interested parties may send, until February 3, 2017, their inputs and suggestions to the INPI. Following the new rule, once the electronic system is launched, the paper filing will be extinguished.

According to the INPI, the new mechanism will provide greater legal certainty and efficiency to the software registration processes. If the application complies with all the formalities imposed by the legal rules, the INPI expects to publish such application within seven days from its filing.

It is worth highlighting that in the new procedure the maintenance of the software will be user’s responsibility and no longer the Office. The INPI will only keep a digital summary (Hash code), created from the original software source code. If, later, the software is modified, it will give rise to a new Hash code, which will differ from that originally maintained by the INPI. This practice will ensure the protection of the specific filed program.

Anyone who is interested in submitting suggestions shall fill in the electronic form of the INPI and send it by e-mail. The implementation of the new system is scheduled for the first half of 2017.



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