Intellectual Property Law and Copyright Laws

Eduardo Hallak and Rafaella Oliveira of Licks Attorneys explain how pharmaceutical companies can build stronger and more enforceable patent portfolios in Brazil by going beyond composition-of-matter patents and strategically protecting incremental innovations.

The Brazilian Patent and Trademark Office has opened a public consultation on new regulations that would introduce fast-track processing options for industrial design applications, a mechanism not currently available in this category. The proposed framework includes priority pathways for elderly applicants, persons with disabilities, startups, litigation-related cases, and applications tied to patent filings or government permits, alongside a pilot project with quota-based allocation.

Brazil's modernising patent office and streamlined prosecution strategies offer compelling opportunities for securing robust patent protection. By leveraging fast-track routes like the Patent Prosecution Highway, adapting applications to local requirements, and strategically timing claim amendments, applicants can navigate the Brazilian patent system more efficiently and strengthen their intellectual property rights in this growing global economy.