On December 6, 2023, the Brazilian Health Regulatory Agency (ANVISA) unanimously decided to permit an exemption allowing generics and branded generics (also called “similar” drugs) to remove indications covered by patented uses from drug labels, a practice known as “skinny labeling”. …
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A new chapter for plant-based foods in Brazil – the Ministry of Agriculture’s request for public comment
The plant-based market continues to grow worldwide. According to a report from Bloomberg Intelligence, the global market for alternative plant-based proteins is expected grow to $166 billion by 2030. In Brazil, the survey “ The Brazilian Consumer and the Plant-Based …
An update on patent term adjustment for life science inventions in Brazil
In 2021, the Brazilian Supreme Court ruled that the country’s patent term adjustment (PTA) provision that guaranteed a minimum patent term of ten (10) years was unconstitutional. Since that time, there has been uncertainty whether patent owners of life science …
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The European Patent Office issues a landmark decision on double patenting
The European Patent Convention (EPC) does not contain any specific provisions regarding the possibility of the same applicant obtaining two European patents for the same invention. As a result, and in the past, the Boards of Appeal of the European …
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NIST’s Proposed Changes to Bayh-Dole Would Create Additional Burdens for Tech Transfer Offices
On January 4, 2021, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) announced that they are seeking comments on proposed changes to the regulations entitled, “ Rights to Federally Funded Inventions and Licensing of Government Owned …
Brazil’s Path for Speeding Up Innovation: A New National Strategy for Intellectual Property
On August 10, 2020, a draft of the National Strategy of Intellectual Property (ENPI) was published in the Brazilian Official Gazette Public Consultation #46/2020. A copy of the ENPI can be found here: Eng_Annex-ii_enpi -public consultation. Publication of the draft …
Zombie Patents? USPTO Issuing Notices of Abandonment in U.S. National Stage PCT Applications After Filing of an RCE where no Inventor Oath or Declaration or Substitute Statement has been Filed
Back on April 2, 2015, the U.S. Patent and Trademark Office (USPTO) published final rules for implementing the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs July 2, 1999 ( Final Rules ). Implementation of …
Patentability of Diagnostic Inventions in the United States, Europe and Canada – Part 2
This 3-part series will provide an overview of the patentability of diagnostic inventions in the United States (U.S.), Europe and Canada. Part 1 examined the patentability of diagnostic inventions in the U.S. and can be found here . Part 2 …
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Patentability of Diagnostic Inventions in the United States, Europe and Canada – Part 1
This 3-part series will provide a brief overview of the patentability of diagnostic inventions in the United States (U.S.), Europe and Canada. Part 1 will examine the patentability of diagnostic inventions in the U.S. United States As many readers are …
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Non-obviousness of Pharmaceutical Inventions at the Brazilian Patent & Trademark Office
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 …
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