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11 September 2019

Brazilian plan to tackle patent backlog: perspectives and preliminary results

In the last decade, a tremendous patent backlog has accumulated at the National Institute of Industrial Property, which has made the patent application system less appealing. However, the Patent Backlog Combat Plan launched in July aims to reduce the patent backlog by 80% by 2021 and decrease the time to reach a final decision to two years from the examination request.

04 September 2019

The how's and why's of shutting out patent infringers in the Americas 

While injunctions are valuable instruments their availability varies widely around the world. In the first of a three-part analysis of the global landscape we focus on the three most populous countries in the Americas: the US, Mexico and Brazil

04 September 2019

Boost for bill that would accelerate patent examination and reduce backlog

A bill that proposes amending the Industrial Property Law by allow public-private partnerships and agreements with the National Institute of Industrial Property in an attempt to reduce Brazil’s patent examination backlog has been given the thumbs up by the Commission of Economic Development, Industry, Commerce and Services.

30 August 2019

Trespassing prohibited

The availability of injunctive relief varies widely around the world. In our first analysis of the global injunction landscape we lift the lid on which jurisdictions provide the best opportunity for a sales ban

28 August 2019

INPI issues official report on Ministry of Health priority examination

In July 2019 the National Institute of Industrial Property (INPI) issued an official statistic report on the priority examination of patent applications requested by the Ministry of Health in relation to a number of drugs of interest to the public health policy. The report demonstrates the results of one of the measures adopted by INPI to speed up the examination of patent applications.

20 August 2019

AI inventions: how to address the ownership issue

As technology evolves and alters many areas of day-to-day life, it also leads to new discussions among legal practitioners about the need to change current legislation. AI creates and enables a number of situations that demand a reevaluation of previous regulations – such as those for intellectual property – due to its complexity, innovative nature and the multiple functions it has.

14 August 2019

3D printing in Brazil: opportunities for patenting

In light of global trends placing 3D printing at the forefront of the so-called ‘4.0 industry’, companies involved in advanced manufacturing should consider expanding into and investing in the Brazilian market. New research suggests that there is an opportunity for businesses in Brazil to benefit from this technology without infringing third-party rights.

08 August 2019

Key pharma and agrochemical patents under threat in Brazil after court ruling

Owners face having the terms of their so-called mailbox rights reduced after decision overturns rules designed to counter chronic applications backlog at the country’s IP office

06 August 2019

Expert evidence in patent actions: should this be a necessity?

Expert evidence is a type of proof provided in Articles 464 to 480 of the Brazilian Civil Procedure Code. An expert assists the judge in order to help them form their understanding of the facts in the case, as this sometimes requires specialised technical and/or scientific knowledge. This process is not carried out for patent-related actions and there is concern among IP professionals that this is having a detrimental effect on court decisions.

31 July 2019

Confirmed: protection for medicines mailbox patents is 20 years from the filing of the application | Brazil

The general rule of the Industrial Property Law is that patents are valid for 20 years from the date of filing. However, the same law provides that the term must not be less than 10 years from the date of grant. This has caused a great deal of confusion. However, the stance on the validity of mailbox patents has been clarified in a recent decision.

31 July 2019

A stellar line-up of IAM events planned for the rest of 2019

A rundown of the IPBC and one-day, subject-specific conferences due to be held on five different continents between October and December

26 July 2019

Switzerland once again named as the world’s most innovative country

New research finds that Europe is ahead of the rest when it comes to the quality of innovations and also leads in filing international patents

24 July 2019

Possible changes to patent litigation battleground in Brazil

The Centre for Legal Studies of the Council of the Brazilian Federal Justice recently issued 35 amendments to the business law regime. Nine of these amendments were in connection with IP issues and the changes represent a turning point in venue jurisdiction for IP lawsuits.

22 July 2019

Brazilian patent office announces measures to tackle massive backlog

Much greater use of foreign search reports is probably the biggest change - but there are doubts as to how effective the measures will be

17 July 2019

Superior Court of Justice finds AIDs medication patent granted under pipeline system valid, despite administrative error

The Superior Court of Justice has deemed an AIDS medication patent to be valid, despite an administrative flaw in its analysis procedure before the National Institute of Industrial Property. The court stated that administrative errors in patent nullity actions should be treated individually and, in this case, affirmed that the expected result was achieved.