Results of the Plan to Reduce Brazilian PTO's Patent Backlog

The plan implemented by the Brazilian Patent and Trademark Office (BPTO) to tackle the patent backlog reduced in 51.2% pending patent applications in 2020, according to data provided by the Office. The final goal is to reduce the number of applications pending decision by 80% by August 2021, in addition to reducing the average grant term to approximately two years.

Logistical and operational challenges in fighting piracy

Fighting piracy - Given trademarks' undeniable importance to their owners, investments to protect them are understandable. Any damage to a trademark's image could ruin a reputation built over several years.

World Intellectual Property organization warns of the need to protect IP assets of SMEs

On April 26, the World Intellectual Property Organization (WIPO) will destinate its campaign in celebration of the World Intellectual Property Day to small and medium-sized enterprises (SMEs).

The Brazilian Trademark Office (BPTO) opens public consultation on position marks

According to publication in the Official Gazette on April 13, 2021, the Brazilian Trademark Office (BPTO) has released the opening of a public consultation regarding the examination and registration of “Position marks”, as follow:

Brazilian Supreme Court grants preliminary injunction that puts pharmaceutical patents at risk

The judgment of the lawsuit that challenges the constitutionality of the sole paragraph of Article 40 of the Brazilian Patent Law (ADI no. 5,529) scheduled for April 07, 2021 was removed from the Supreme Court agenda in view of the urgent need to analyze a pandemic-related court action.

Operating virtually in pursuit of greater effectiveness

Over the past year the Brazilian courts and the Brazilian Patent and Trademark Office (BRPTO), along with most law firms in Brazil, have been adapting to the new reality brought about by the COVID-19 pandemic:

Off-field football dispute: Brazilianspray patent battle

In recent years a patent dispute about a spray used in football matches has persisted in Brazil. The spray is used tomark the distance between the defenders and the ball when a free kick is taken. When introduced, it was considered agame changer because it:

New guidelines for examining patent applications that involve computer-implemented inventions

On 29 December 2020 the Brazilian Patent and Trademark Office (BPTO) published the Guidelines for Examining Patent Applications Involving Computer-Implemented Inventions in Official Gazette 2608.

Life and death: protecting legacy through IP rights

In November 2020 the world lost the football legend Diego Maradona. His death brought up various issues regarding post mortem trademark rights. This article discusses the registration of proper names as trademarks in Brazil and explores the measures that parties can take to ensure that the legacy and goodwill associated with their intellectual property is preserved after their death.

Do ANVISA's new guidelines jeopardise the patentability of patent applications?

At the end of 2020, the National Health Surveillance Agency (ANVISA) published four guidelines on its prior consent procedure, which all pharmaceutical patent applications in Brazil must undergo before the Brazilian Patent and Trademark Office (BRPTO) conducts the technical examination:

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