On September 14, 2023, the Brazilian Patent and Trademark Office (BPTO) announced the Public Consultation aiming at expediting patent prosecution. It is expected that, by 2026, patents will be granted within 24 months after filing in Brazil, according to the BRPTO's...
Patent
The inspection bodies of the National Health Surveillance System may execute commitment agreements with private parties
Law 14671/2023 was published today in the Federal Official Gazette (DOU), amending Law 6437/1977, which deals with violations of federal health legislation and establishes corresponding sanctions. With this change, there is now a specific legal provision for the...
The Brazilian Supreme Court affirmed the constitutionality of the Biosafety Law
The Brazilian Supreme Federal Court concludes today, 08/21/2023, the virtual session of the trial for Case of Direct Unconstitutionality (ADI) 3526. By a majority vote, including the recently appointed Justice Cristiano Zanin, the Court decided on the...
ANVISA prohibits importation of the Cannabis plant in natura
Through Technical Note No. 35/2023, ANVISA (the Brazilian National Agency for Sanitary Surveillance – the Brazilian FDA) prohibited the importation of the Cannabis plant in natura, whole or in parts (including its flowers), as of July 20, 2023. This decision does not...
Phase IV of Patent Prosecution Highway (PPH) will be implemented with some modifications
The Brazilian PTO published today Phase IV (Ordinance No. 78/2022) of Patent Prosecution Highway (PPH) program, implementing new rules for the acceptance into the program, which will begin on January 01, 2023.
New ordinance regarding accelerated patent prosecution in Brazil
The Brazilian PTO has created programs that enable accelerated examination for patent applications, significantly reducing analysis and processing completion time. In addition to the Patent Prosecution Highway (PPH)
Recent developments in PTA litigation in Brazil
Even though significant progress has been made recently, the problem of delay in the Brazilian PTO in relation to patent proceedings is well known, a fact that is attested to by the numerous cases being taken against the body. Until April 2021, patentees could rely on...