The Guidelines for Examination (Guidelines) of the Brazilian Patent & Trademark Office (BRPTO), also known as the National Institute of Industrial Property, establish a three-step test for examining the non-obviousness of a claimed invention. This three-step test involves: (i) determining …
Category: Brazil
Filing Divisional Patent Applications in Brazil – Part 1
This is Part 1 of a 16-part series examining divisional practice in Argentina, Brazil, Canada, China, Europe, India, Indonesia, Malaysia, Mexico, Pakistan, Russia, Thailand, Saudi Arabia, Singapore, the United States and Vietnam (in no particular order). Filing Divisionals in Brazil …
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Is it finally time to say goodbye to the patent backlog in Brazil?
On July 9, 2019, the Instituto Nacional da Propriedade Industrial (BRPTO) published its long-awaited rules implementing an action plan to reduce the patent backlog that has plagued the office for many years. As many readers are aware, on average, it …
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Brazil Implements Patent Prosecution Highway with the United Kingdom – Opportunities for Biotechnology Applicants
On July 24, 2018, the Instituto Nacional da Propriedade Industrial (INPI) published Rule #222/2018 implementing the Patent Prosecution Highway (PPH) Pilot program (PPH program) with the United Kingdom patent and trademark Office (UKIPO). Implementation of this PPH program may expedite …
USTR 2018 Special 301 Report: Pharmaceutical and Medical Device Innovation and Market Access
Last month, the Office of the United States Trade Representative (USTR) released its 2018 Special 301 Report (the Report), identifying trading partners that do not adequately or effectively protect and enforce intellectual property (IP) rights or otherwise deny market access …
Brazilian Mailbox Patents: Big Loss for Alexion
On April 20, 2018, Alexion Pharmaceutical Inc.’s (Alexion) patent (PI9507594-1) covering Soliris® (eculizumab) was the subject of an unfavorable decision by the Superior Court of Justice involving the term of mailbox patents in Brazil. Soliris® (eculizumab) is a humanized antibody …