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19 June 2019

Patent infringement actions: the grey area of statutes of limitations 

Establishing a statute of limitations for judicial claims is a fundamental part of any law that foresees indemnification for damages. However, courts have not been able to form a solid understanding on the milestones when it comes to patent damages. Currently there are three positions, based on the precise moment that a company becomes unequivocally aware of the violation of its patent.

17 June 2019

Why it's time for the world of patents to embrace diversity and gender equality

Special IAM boardroom session at IPBC Global 2019 focuses on how to get more women involved in senior positions in the global IP market - and why everyone will win when it happens

07 June 2019

Roche trumps rivals with strongest biotech patent portfolio

Trailing behind the Swiss giant are DowDuPont and Bayer, both of which have seen a drop in the value of their holdings

29 May 2019

Amending patent applications after examination requests: the controversy continues

The 25th Federal Court of Rio de Janeiro has handed down a decision on the Federal Public Prosecutors Office’s (MPF) public civil action against the National Institute of Industrial Property (INPI) to challenge Resolution 93/2013, which used provisions from Article 32 of the IP Law. The court ruled in favour of INPI; the MPF has subsequently appealed.

11 May 2019

Everything you ever wanted to know about global AI patent activity

WIPO has published an in-depth Technology Trends report focusing on IP in the artificial intelligence space. We provide the top 10 takeaways

08 May 2019

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.

01 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.

24 April 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.

17 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.

10 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.

27 March 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.

20 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.

13 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.

07 March 2019

More technology transfer needed for effective climate change mitigation  

Patent focus has shifted to energy storage as cost-effectiveness achieved for wind and solar power, but the failure to address the role of IP hinders transfer mechanisms