NEWS AND PUBLICATIONS
The Brazilian PPH “Fast Track” Program – One year on
by Guilherme Coutinho | Feb 21, 2021 | Articles, Intellectual Property, Legal & IP Strategy, Patents, Prosecution
It is one year since the Brazilian Patent and Trademark Office (BRPTO) published Rule 252/2019, unifying the procedure for requesting participation in the various Patent Prosecution Highway (PPH) programs. The PPH is a way of achieving accelerated examination for...
The Brazilian PPH welcomes a new partner
by Ricardo Nunes, Gustavo Sartori | Feb 21, 2021 | Articles, Brazil, Intellectual Property, Mechanics, Patents, Prosecution
We are writing to report good news: as of April 1, 2020, the Korean Intellectual Property Office (KIPO) becomes part of the Brazilian PTO's Patent Prosecution Highway (PPH) project, which is another initiative that focuses on fixing the patent backlog in Brazil. This...
Madrid: A Flourishing System?
by Isabella Cardozo, Roberta Arantes | Feb 21, 2021 | Articles, Intellectual Property, Prosecution, Trademarks
Progress on implementing the Madrid System for international trademark registration around the world presents a mixed picture, as Sarah Morgan reports. The World Intellectual Property Organization’s (WIPO) Madrid System is certainly thriving: one year ago, it recorded...
Navigating Brazil’s IP terrain
by Isabella Cardozo, Robert Daniel-Shores | Feb 21, 2021 | Articles, Intellectual Property, Trademarks
What are the leading IP objectives and challenges that your corporation, or your industry, pursue and face in Brazil? Knowing the answers to these questions beforehand is the most cost effective way of choosing the best IP rights in Brazilian Law and, consequently...
Responding adeptly to Brazil’s trade mark system
by Isabella Cardozo, Rafael Rocha | Feb 21, 2021 | Articles, Intellectual Property, Prosecution, Trademarks
Often clients, unaccustomed to Brazil, fret about the wrong problem, such as the backlog. Alternatively, they try to solve a problem with the wrong solution, like drafting a standard licensing agreement outside Brazil for use worldwide. Take, for example the backlog....
Challenges that may arise in protecting trade secrets against security threats when using videoconferencing apps
by Juliana Hoffmann | Feb 21, 2021 | Articles, Digital, Intellectual Property, Internet, Technology, Trademarks
The Coronavirus pandemic has generated unexpected effects in the business world, including a particular concern about information security issues, since these types of problems can have an immeasurable impact on the intellectual property area of institutions, mainly...
New Guidelines for Biotech Inventions are Published by the Brazilian PTO
by Kene Gallois | Feb 21, 2021 | Articles, Brazil, Intellectual Property, Life Sciences, Patents, Prosecution
The Brazilian PTO published today, December 1, 2020, new Guidelines for Examination of patent applications in the Biotechnology field (Rule # 144/2015 is now revoked). The final text is the result of a review made by the Brazilian PTO on patentability issues...
A Look at BPTO Data on Pharmaceutical Patents Subject to the Minimum Term of Ten Years From Grant
by Kene Gallois | Feb 21, 2021 | Articles, Intellectual Property, Life Sciences, Patents, Prosecution
A key issue of discussion with respect to the Brazilian patent system has to do with patents granted by the Brazilian Patent and Trademark Office (BPTO) under the following sole paragraph of Article 40 of the Brazilian IP Law: Article 40 – The term of a patent for an...
Brazilian Ministry of Health creates IP advisory groups that may interfere in examining patent applications
by Kene Gallois | Feb 21, 2021 | Articles, Brazil, Life Sciences, Patents
Through Ordinance #2,466/2020, published on October 15, 2020, two (2) Intellectual Property advisory groups were created with the objective of assisting the Ministry of Health in IP issues, including examining patent applications selected as strategic, among other...
Brazilian Ministry of Health Accelerates Examination of Pharma Patent Applications
by Kene Gallois | Feb 21, 2021 | Articles, Brazil, Intellectual Property, Life Sciences, Patents
The Brazilian Patent and Trademark Office (BPTO) presently offers more than 15 programs to speed up examination of patent applications. The prioritization of certain patent applications by means of Patent Prosecution Highway (PPH) programs and other fast-track options...
How can foreign companies regularize activities from access to national genetic heritage?
by Kene Gallois | Feb 21, 2021 | Articles, Brazil, Intellectual Property, Life Sciences, Patents
Brazilian authorities seek to reduce bureaucratic processes and regularize activities resulting from access to biodiversity. With these efforts, on April 30, 2020 came into force Ordinance # 199/2020, published by the Ministry of the Environment, which establishes the...
Patent applications related to COVID-19 are eligible for accelerated examination at the Brazilian PTO
by Kene Gallois | Feb 21, 2021 | Articles, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
In complement of Rule # 239 of June 4, 2019, which governs the priority examination request program, the Brazilian PTO published today (April 7, 2020) Ordinance # 149 of April 3, 2020 establishing fast-track examination for patent applications related to...
Divisional applications: Procedural manoeuvres pay off
by Kene Gallois | Feb 21, 2021 | Articles, Intellectual Property, Life Sciences, Patents
In complement of Rule # 239 of June 4, 2019, which governs the priority examination request program, the Brazilian PTO published today (April 7, 2020) Ordinance # 149 of April 3, 2020 establishing fast-track examination for patent applications related to...
Proposed guidelines for examination of software-implemented inventions
by Ricardo Nunes, Marcelo Correa | Feb 21, 2021 | Articles, Intellectual Property, Patents, Software and Telecom, Technology
The Brazilian PTO (BRPTO) has initiated Public Consultation No. 03/2020 regarding NEW PROPOSED GUIDELINES FOR EXAMINATION OF SOFTWARE-IMPLEMENTED INVENTIONS. The consultation period will last for 60 days, and comments and suggestions can be sent to [email protected]...
BRAZIL: Recent decisions issued by Rio de Janeiro’s Federal Court contribute to expedite rulings on judicial appeals from rejection of trademark applications
by Rafael Rocha | Feb 21, 2021 | Articles, Intellectual Property, Litigation, Trademarks
Judicial Appeals against PTO’s decisions in Brazil, especially when addressed to contest rejection of trademark applications, have always brought some sort of doubt concerning the role of each party (the PTO, the Applicant and the owner of the blocking registration)....