Region: Latin America & Caribbean

Fast-track examination for patents in Brazil: INPI launches unified Patent Prosecution Highway programme

On 22 October 2019 INPI launched Resolution 252/2019, which merges the rules and procedures of all the current Patent Prosecution Highway (PPH)  pilot projects. All previous PPH pilot programmes will be revoked on 30 November 2019. According to INPI, the resolution aims to simplify procedures for both users and the office and expands the potential of these agreements, with the aim of reducing the patent backlog.

20 November 2019

The burden of proof in patent lawsuits

While the Civil Procedure Code clearly states that plaintiffs must produce evidence on contested issues, this can be reversed if it is impossible or excessively difficult for the plaintiff to perform the duty or when evidence can be easily obtained by the other party

13 November 2019

A snapshot of the global patent landscape in eight charts

A recently issued WIPO report based on multiple data points sheds light on the state of play in worldwide patenting activity

08 November 2019

Monsanto prevails in key $7.7 billion Brazilian licensing lawsuit

In a big win for patent owners, the first-of-its-kind ruling upholds biotech innovators’ rights to collect royalties on saved GM seeds

05 November 2019

Brazilian Senate Bill: no longer possible to extend patent validity beyond filing date

Senate Bill 437/2018, which seeks to amend the Brazilian Industrial Property Law, is being processed by the National Congress. It proposes to eliminate any doubts about the applicable term of validity and means that rights holders will no longer be able to enjoy patent exclusivity for more than 20 years.

30 October 2019

The barriers to obtaining a patent for Cannabis sativa-based drugs

Motivated by the increasing demand for patients who use cannabis for therapeutic purposes and the need to import the product, the Brazilian Health Surveillance Agency has launched two public consultation proposals, which aim to create clear and transparent rules on technical requirements for cannabis-based drugs.

23 October 2019

Data reveals strong growth in the number of female inventors, but there is still a long way to go

A report by the UK IP Office finds more women named on patents than ever before – but also that they remain woefully under-represented. We present the top takeaways from a very timely study

11 October 2019

Use of Brazilian IP system by start-ups: filing numbers and main areas of interest

The National Institute of Industrial Property (INPI) has released a report entitled “Use of Industrial Property System by Start-ups”, which combines data provided by the Brazilian Association of Start-ups with information in the INPI and Federal Revenue databases to analyse the use of industrial and intellectual property by start-ups in Brazil. The report found a relatively low number of IP mechanisms in use but determined that the most popular field among start-ups is IT services.

09 October 2019

Delays in patent granting and NAFTA regulation

Featured in IAM Yearbook: Building IP value in the 21st century 2020

03 October 2019

Early production of evidence can be invaluable when deciding whether to litigate

The Code of Civil Procedure establishes a mechanism for the early production of evidence, enabling its use as a crucial instrument for prior assessment in patent infringement scenarios, in which technical evidence can play a decisive role.

02 October 2019

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