A Practice Note addressing prior art and patentability in Brazil, which affects the scope of protection of any patent granted in Brazil. It provides guidance for determining whether a reference document or activity qualifies as prior art in Brazil and addresses novelty and obviousness (inventive activity) based on the scope of the prior art available in Brazil.
This Note contains information useful for patent counsel with responsibility for a global patent portfolio and freedom to operate to help them understand the legal analytical framework in Brazil for determining the potential patentability of an invention, which a patent applicant may seek to cover, and the validity of a third-party patent that may be relevant to their client’s business.
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