The Potential Of The Metaverse And Its Legal Challenges
By Adriane Bonato Metaverse is the terminology used for the “virtual world”, combining “virtual reality”, “augmented reality”, “artificial intelligence” and “Internet of Things”. Already commonly used in electronic games, Metaverse is the space created on technological platforms, with shared collective spaces and environments, created, in most cases, from real replicas, so that its user has […]
Outro patamar de decisão
Por Adriane Bonato Uma briga judicial está sendo travada em relação ao uso e registro do bordão “outro patamar”, largamente difundido na mídia desde 2019, quando o atacante Bruno Henrique Pinto, do Clube de Regatas do Flamengo, em entrevista, disse a célere frase “nos tamo em oto patamá”. Alguns meses após a expressão ganhar fama […]
Brazilian Patent Prosecution Overview
By André Venturini; Karina Daiha; Louis Lozouet This Q&A first appeared in IAM – Global Patent Prosecution Guide 2022, Brazilian Chapter on 28 October 2021 How do you get a patent in your jurisdiction? Q: What types of patent are granted in your jurisdiction, and what rights do they confer on owners? According to […]
New Compulsory Licensing Rules For Patents In Brazil
By Louis Lozouet The Covid-19 pandemic triggered the review of the provisions of the Brazilian Patent Statue (9.279/1996) on compulsory licensing of patents in cases of national emergency or public interest. After a few months of debate, on 6 May 2021, the Brazilian Senate approved bill 12/2021, which creates a two-step compulsory licensing process and […]
New legal framework for start-ups sets its sights on intellectual property
By Louis Lozouet The Brazilian National Congress has approved a new legal framework for start-ups with a particular focus on IP provisions. Complementary Law 182/2021 was sanctioned by President Jair Bolsonaro – with vetoes – and published on 2 June. This legislation originates from the Complementary Law Project 249/2020 (appended to the Complementary Law Project […]
AI and machine learning – what is patentable in Brazil?
By André Venturini AI is at the core of several new products and processes. However, due to its algorithmic nature, it raises several questions as to its patentability. The EPO’s latest examination guidelines (Section 3.3.1) shed some light on these questions by reinforcing the longstanding concept of the technical approach. These guidelines state that “such […]
INPI consultation opens the door to registration of position marks
By Louis Lozouet The Brazilian Institute of Industrial Property (INPI) has been implementing significant institutional and operational changes for the past two years in order to improve its standing among the leading IP institutes in the world. For instance, it has launched a plan to combat the patent backlog, which aims to reduce the number […]
Effects of the constitutional challenge of Brazilian patent term protection
By André Venturini and Louis Lozouet After lengthy discussion, on 12 May 2021 the Brazilian Supreme Court handed down its judgment on the constitutionality of Article 40 of the Brazilian Industrial Property Law. The expiry date of a patent in Brazil is 20 years from filing of the patent application, which cannot be less than 10 […]
The Impact of COVID-19 on The Brazilian Patent Landscape
By André Venturini Brazil experienced on April 21 the peak of its COVID crisis. Hit by a second stronger wave of infections, the country was responsible for nearly 25% of the worldwide deaths during that period. The consequences are not only limited to economy and public health. Intellectual property – patents, in particular – is […]
Highlights Of The BRPTO’s Guidelines Related To Pharma/Biotech Patent Applications
By Karina Daiha The Brazilian Patent and Trademark Office (BRPTO) published on December 1st, 2020 Rule #118, revoking previous guidelines and setting forth new guidelines for examination of patent applications in the biotechnology field. We seize the opportunity of this publication to highlight the key takeaways of the BRPTO’s guidelines related to Pharma/Biotech patent applications. […]
