Region: Latin America & Caribbean

Mexico: patent prosecution

Featured in Global Patent Prosecution 2023

There are patents and utility models. Patents have a 20-year term while utility models have a 15-year term, both counted from the filing date of the application.

02 December 2022

Brazil: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

Global tracker: trade secret law

Featured in Special Report 2022 Q4: Trade secret strategy playbook

16 November 2022

WIPO patent chief on SEPs, patent quality and the future

Deputy Director General Lisa Jorgenson speaks to IAM about SEPs, patent quality and eligibility, and her five-year outlook

02 November 2022

Mexico: Patent litigation

Featured in Global Patent Litigation 2023

In our experience, a tailor-made mix of enforcement actions (eg, infringement claims, preliminary measures and public-awareness campaigns) provide the best results.

28 October 2022

Recovering damages after patent litigation in Mexico

Featured in Global Patent Litigation 2023

Mexico is a civil law country with a peculiar unified system wherein both infringement and invalidity actions are filed before the same government agency as the one that grants patents: the Mexican Institute of Industrial Property (IMPI).

28 October 2022

Brazil: Patent litigation

Featured in Global Patent Litigation 2023

Brazilian judges have been increasing their IP-rights knowledge, especially regarding patents, because of the high number of disputes that have been brought by patentees. Additionally, there are courts specialised in IP matters, such as the state courts of Rio de Janeiro and Sao Paulo, where most litigation is filed.

26 October 2022

Mexico Supreme Court opines on compensatory time and patent effective term

Featured in Global Patent Litigation 2023

In the past, it was common to find that the effective term of a patent would differ from one patent to another, depending on how long each examiner took to study the application; in other words, under the 20-year filing date rule, a patent could be granted at any time between two years to 17 or more years after filing, and there have been cases in which either the patentee would enjoy only a single year of protection or the patent would be invalid upon issue – a result that is totally preposterous, unfair and unconstitutional.

26 October 2022

Legal and strategic questions surrounding biologic and biosimilar litigation

Featured in IAM Life Sciences: Key issues for senior life sciences executives 2022

While biologics have been officially recognised in Mexican law since 2009, innovators need to be aware of the regulatory regime governing these biotech products.

18 August 2022

How Brazil is becoming a more favourable jurisdiction for life sciences patentees

Contrary to appearances, Latin America’s largest economy is developing a more favourable environment for pharma and biotech innovators.

12 August 2022

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