Region: Brazil

INPI’s role in patent nullity actions – which side will it choose?

The National Institute of Industrial Property’s (INPI) standing in nullity actions has been raised before federal courts in the past few years, with the understanding that it is a defendant, rather than a mere assistant, in proceedings seeking the annulment of its administrative acts. However, a recent decision handed down by the Superior Court of Justice sheds new light on this issue.

08 May 2019

CAS collaborates with INPI to help battle patent backlog

The Brazilian National Institute of Industrial Property has announced a partnership with CAS, a division of the American Chemical Society that specialises in scientific information solutions. It is hoped that CAS’s information systems will help to speed up patent application processes and reduce the backlog that has hampered the patent system for years.

01 May 2019

Machine learning: is there a limit to technological patents in Brazil?

On 31 January 2019 WIPO released its first report on a new initiative, which tracks technological development based on data analysis of innovative activities. Findings indicated an increase in AI invention filings and a considerable focus on machine-learning techniques.

24 April 2019

INPI launches the first manual for industrial designs

The National Institute of Industrial property has issued its first Manual for Industrial Designs, which consolidates guidelines and examination proceedings for industrial design applications. It came into force on 9 March 2019 and provides significant guidance for examiners and attorneys as well as general users of the industrial design system.

17 April 2019

20 years of the Brazilian Generics Law

The Brazilian Generics Law has altered the landscape of the Brazilian pharmaceutical industry by regulating the entry of generics into the market and thus reducing health treatment costs and increasing the nation’s access to medicines. Not only has it improved the wellbeing of the population, it is also an efficient mechanism for technology transfer.

10 April 2019

INPI prioritises examination of AIDS, cancer, neglected and rare disease-related inventions

The National Industrial Property Office is prioritising the examination of applications for pharmaceutical products and processes to inventions directed at Zika and Chikungunya, as well as rare diseases. The intervention is crucial given that the current backlog is between eight and 10 years deep.

27 March 2019

An overview of the INPI’s measures to reduce the patent backlog

The backlog of pending patent applications is a huge concern for the Brazilian National Industrial Property Office and is having a severe knock-on effect on applicants. By the end of 2015, 242,223 patent applications were still pending a decision in the first instance.

20 March 2019

Is minimum term for patent protection affecting competition in Brazil?

A paragraph in Article 40 of the Industrial Property Law states that protection is provided for at least 10 years for an invention patent and seven years for a utility model patent, counting from the date of grant. There are strong grounds to argue that the legal provision in question has introduced a compensation mechanism for applicants to prevent them from losing out because of the patent application backlog.

13 March 2019

Pre-examination of patent applications shows rise in INPI’s productivity

Given the size of the patent backlog in Brazil, the National Institute of Industrial Property launched a programme last year to simplify and streamline patent application examination. One year on, it has helped to reduce the number of pending applications, but there is still far more work to be done.

06 March 2019

New INPI president looks set to shake up IP system

The National Institute of Industrial Property has become one of seven special secretariats of the new Super Ministry of the Economy, while Claudio Vilar Furtado has been appointed president. The reorganisation is part of the new government’s plan to cut red tape and boost the economy.

27 February 2019

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