Brazil: Patent

The Brazilian Patent and Trademark Office has officially amended its examination guidelines for patent applications involving new uses of known products, concluding a comprehensive public consultation...

The Brazilian Patent and Trademark Office has released updates to its Industrial Design Manual, introducing enhanced guidance on document requests, priority rights proof, and ownership transfer procedures. These modifications aim to streamline administrative processes and clarify requirements for industrial design applications and registrations.

Brazil's Life Sciences legal landscape is undergoing significant transformation through regulatory consolidation, pricing reforms, and evolving IP frameworks. Recent Supreme Court decisions on patent extensions and healthcare judicialization, combined with stricter CMED pricing controls, are reshaping market access strategies and creating both challenges and opportunities for pharmaceutical and biotech companies operating in this complex regulatory environment.

Senator Carlos Portinho has introduced Amendment #8 to Bill No. 2,210/2022, proposing significant measures to protect Brazilian judicial sovereignty in patent disputes. The amendment introduces mechanisms to counter foreign anti-suit injunctions and interim licenses that interfere with Brazilian court proceedings, including business suspension powers and substantial financial penalties. How will this legislative initiative reshape Brazil's approach to international patent litigation and strengthen its innov

Brazil's patent office is tightening disclosure requirements for AI-assisted inventions, particularly in biotechnology. While AI may assist the inventive process, inventorship remains human—but the real challenge lies in what must be disclosed when AI contributes to gene therapy and biotech patents.

Brazilian courts have fundamentally transformed divisional patent practice through a series of landmark rulings that challenged the Brazilian Patent and Trademark Office's restrictive administrative rules. Four influential cases from the Federal Court for the Second Circuit established that applicants can file divisional patent applications at the appellate level, not just during first-level examination, creating a more predictable legal framework for patent prosecution in Brazil.

The Brazilian Patent and Trademark Office ("BPTO") announced, through its Trademark Director, Schmuell Lopes Cantanhede, on October 30, 2024...

As part of the 2023-2025 Action Plan of the National Intellectual Property Strategy, the Brazilian Patent Office (BRPTO) joined the Global Patent Prosecution Highway (GPPH) program on July 06, 2024.

On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc.1 concluding that the threshold "dispositive" requirement of the foreign-antisuit-injunction.