The Official Bulletin 2570 from April 07, 2020, published the right to request priority examination for pharmaceutical products and processes and equipment and/or materials for use in health for the diagnosis, prophylaxis, and treatment of Covid-19.
The transcript of the Resolution issued follows below:
Art. 1 BRPTO Resolution No. 239, from June 4, 2019, published in RPI No. 2528, July 18, 2019, becomes effective with the following changes:
“Art. 12-A. The patent process in which one the object is related to pharmaceutical products and processes and equipment and/or materials for use in health for the diagnosis, prophylaxis and treatment of Covid-19 will have priority in the processing.
- 1 The request for priority processing must be filed until June 30, 2021, by the applicant, attorney or interested third party, individual or legal entity, and must contain a clarification indicating the relationship of the matter of the process with the diagnosis, prophylaxis of the population and/or treatment of patients at Covid-19.
- 2 The Directorate of Patents, Computer Programs and Topographies of Integrated Circuits (DIRPA) may regulate the submission and examination process and even temporarily suspend, in whole or in part according to the effectiveness of the service provision, the receipt of requests of the caput of the article for patent processes.
Source: http://www.inpi.gov.br/Read More
By Moeller IP.
In view of the coronavirus epidemic and, consequently, of the restrictions caused to users, the INPI Brazil informs that all deadlines are suspended from 03/16 to 04/14, returning to flow on 04/15.
In addition, face-to-face services are suspended for an indefinite period. All questions from users must be addressed through the Contact Us system.
You can access the RPI statement on March 17.
INPI Brazil will continue to monitor the situation and take other measures if necessary.
Agreements between DKPTO and INPI
On 7th October 2019, the Danish Patent and Trademark Office, DKPTO and the Brazilian National Institute of Industrial Property, INPI have signed three agreements whose main objective is to increase and develop the innovation activities, including the generation and trading of Industrial Property assets, such as patents. Agencies working in scientific and technological research in both countries are expected to get closer.
The agreements, which are the result of good collaboration between the Danish and the Brazilian authorities, allow the two countries to join efforts in crucial economic areas such as services, health care, clinical testing, clean energy, and even food and agribusiness.
Research, Development, and Innovation (RDI)
The first agreement aims to encourage and develop cooperation between companies from both countries in Research, Development, and Innovation (RDI). Potential participants are already being evaluated in the various regions of Brazil. One of the expected results of this work is the increase in the number of patents and other industrial property assets under co-ownership, i.e. involving two or more partners.
New Patent Prosecution Highway (PPH)
The purpose of second agreement is to improve/expand the process of streamlining the analysis of Brazilian patents in Denmark and vice versa, allowing applicants in Denmark and Brazil to obtain corresponding patents faster and more efficiently. This will be made possible through a new Patent Prosecution Highway (PPH) agreement, broader than the current one (http://www.inpi.gov.br/menu-servicos/patente/projeto-piloto-pph). The existing PPH with Denmark, which began on 01st September 2018 and lasts for two years, includes areas within machinery, environment, and energy. According to the Foreign Ministry and the Brazilian authorities, the next agreement will be expanded to include new areas.
The third agreement involves the next stage of an Industrial Property asset: commercialization. It refers to the IP Marketplace, an online trading platform for these assets, working as a display window with trademarks, patents, and industrial designs. Today, around 6,000 users across 157 countries are registered. Participation is free of cost and the platform is open to companies, universities, and the public at large.
IP Marketplace is also a collaboration platform for inventors across the world, who can become acquainted with innovations in their fields of knowledge and meet researchers. According to the president of INPI, Cláudio Vilar Furtado, Brazilian trademarks and patents may be seen by other inventors, who may be interested in trading these assets, bringing positive effects on the innovation system in Brazil and, finally, on the economy as a whole.
By José Santacroce, Partner, and Head of Patent Department
EPO and INPI co-operation
The European Patent Office (EPO) and the National Institute of Industrial Property of Brazil (INPI) have agreed to work towards enhancing their co-operation. EPO President António Campinos and Claudio Vilar Furtado, President of INPI, signed on 22 July 2019 a Joint Statement in this direction following a bi-lateral consultation that formed part of a series of meetings between the EPO and IP offices from the Community of Portuguese Language Countries. They also signed an agreement renewing the INPI’s access to EPOQUE Net, the EPO’s dedicated patent searching tool that contains more than 1.3 billion database entries.
Memorandum of Understanding
In their Joint Statement, the two Heads of Office agreed to work together towards a Memorandum of Understanding (MoU) establishing a pilot project aimed at strengthening the INPI’s capacity for searching and examining patent applications.
President Campinos underlined the importance of co-operation with INPI: “I am pleased to sign this Joint Statement today. As traditionally, Brazil has been an important co-operation partner for the EPO in Latin America. The INPI has great expertise in the patent grant procedure, and with today’s signatures we are paving the way to a closer relationship between our offices, benefitting businesses from both regions.”
President Furtado echoed these sentiments: “The INPI welcomes with enthusiasm the enhancement of the partnership with the EPO. This is an essential step in the modernization of the Institute, a pillar of Brazilian development, to make it a world-class protagonist in industrial property”.
The co-operation between the EPO and Brazil’s INPI started in 2000 with a first technical co-operation project between both offices. This was followed by a number of bilateral agreements enhancing the co-operation to include granting the INPI access to EPOQUE Net (in 2005) and, in 2017, a joint Patent Prosecution Highway (PPH) pilot programme, that allows patent applicants to request accelerated treatment of their applications pending at the EPO and the INPI.
The EPO’s Strategic Plan recognizes that co-operation within Europe and with partners outside of the EPO’s member states has been a contributing factor to economic success. Therefore, as envisioned through several initiatives laid out in the Plan, the Office will continue to reinforce its network through agreements such as the ones concluded between the EPO and INPI.
Source: www.epo.orgRead More
Con el objetivo de mejorar su infraestructura de Tecnología de la Información (TI) y reducir costos operativos, el INPI realizará la transferencia de todos los equipos de su Datacenter a otra ubicación. En razón de este procedimiento, será necesario interrumpir el funcionamiento del Instituto y de sus sistemas entre las 0h del día 05 de junio y las 23h59 del día 10 de junio de 2019.
La interrupción en el funcionamiento de todos los sistemas del INPI y, en consecuencia, de su Portal en Internet, es esencial para garantizar la copia de seguridad y la seguridad de todos los activos que serán transportados a la nueva ubicación.
El INPI asegura que no habrá perjuicios a los usuarios y todos los plazos vencidos en el período serán devueltos del 11 al 14 de junio de 2019. El Instituto mantendrá al público informado por el Portal, antes y después, y por sus Redes Sociales durante todo el procedimiento.
La transferencia de Datacenter a un nuevo espacio, más adecuado para la infraestructura de TI del Instituto, seguirá los estándares internacionales de seguridad de la información, climatización, prevención de incendios y suministro de energía eléctrica, con aumento de disponibilidad, estabilidad y confiabilidad. Los costos operativos del centro de datos se reducirá en un 53%, de R$ 799 mil a R $ 372 mil por año, considerando contrato de soporte y mantenimiento, energía eléctrica y agua.
Source: http://www.inpi.gov.br/Read More
The Brazilian Senate Plenary approved on Tuesday (2) the bill that creates rules for special protection of “high reputation” brands. PLC 86/2015 allows the holder of an industrial trademark to request the Brazilian PTO (Inpi) to recognize this title at any time. The text has been modified and will have to be returned to the Chamber of Deputies.
“High reputation” is a classification that guarantees a brand protection in all markets, not just the one in which it operates. With this recognition, no other company can be registered with the same name, even if it is from another branch. Inpi currently recognizes 41 “high reputation” brands.
PLC 86/2015 regulates the Industrial Property Law (Law 9.279 / 96) to specify that “high reputation” may be requested at any time. Currently, only an INPI internal standard addresses this issue. According to the rule, the interested parties must wait for a third party to request the registration of the same mark in another branch.
The text also determines that, in case of approval of the application, the recognition of its “high reputation” will be noted in the trademark register. Thus, the owner of the mark will have a document proving his right to special protection. The classification can be challenged at the request of third parties with “legitimate interest” that require the Inpi an examination of the classification substandard.
“The current legislation is silent on the process of recognizing a brand as being highly reputed,” said the rapporteur of the project, former senator Flexa Ribeiro (PSDB-PA), in his opinion.
At the Commission on Science, Technology, Innovation, Communication and Information Technology (CCT), the project has been granted a mandate that the recognition of the high reputation be valid for 10 years, and that the renewal application be justify.
By Maria Belen Priore, Patents Department
We hereby inform the last news published by the Brazilian INPI’s official gazette in the past two weeks.
We would like to highlight two new rules, in where we found special interest that may benefit our clients.
The Official Gazette number 2515 launched a Resolution under number 236/19 that establishes the beginning of phase IV of the pilot project to accelerate examination for small and medium-sized Brazilian companies.
Official Gazette number 2516 publishes a normative instruction that aims to improve the Brazilian INPI’s performance, regarding the appeals submitted against rejections of trademarks and industrial designs, which are still pending of resolution, due to the backlog suffered.
The INPI launched this new normative instruction under number 101/19 which encourages the sectors that are responsible, to solve 31.000 pending resolutions in a year’s time.
This normative instruction establishes new transitory rules, including the issuance of a decree that will be dictated by the sectors DIRMA (Trademarks, Industrial Designs and Geographical Indications Direction) and CGREC (General Coordinator of Appeals and Administrative Proceedings of nullity). This decree will determine criteria to be applied in order to comply with this instruction, and shall be issued as soon as possible (after which the term of one year would begin).
By Marta García
On January 8, 2019, the Brazilian National Institute of Industrial Property (INPI) and CAS, a division of the American Chemical Society that specializes in scientific information solutions, announced that they have initiated a collaboration to speed up the patent examination process at INPI through the use of artificial intelligence (AI) tools.
CAS´s AI solution combines scoring similarity, workflow classification and knowledge-space exploration capabilities to provide patent examiners with a comprehensive set of prior art in the relevant field of technology, as well as information already published that may be relevant to the examination, helping to expedite the examination process.
“CAS´s technology can help INPI examiners quickly uncover relevant scientific information, a promising development for shortening the time of patent application processing,” said Luiz Otávio Pimentel, former President of INPI.
As recently reported in our blog, according to the INPI´s 2018 Activity Report, the average decision time for patent applications in Brazil is currently 10 years, with pharma and IT patent applications reaching a maximum average of 13 years.
Therefore, this collaboration with CAS is among the several measures that the INPI has been implementing since 2016 with the aim of tackling one of the biggest patent backlogs in the world. Such measures comprise a 25% increase in its professional staff, including the recruitment of more than 200 new examiners, the optimization of internal procedures, improvements in the electronic systems, as well as the launch of several Patent Prosecution Highway (PPH) programs.
On 30 October 2018, the Brazilian National Institute of Industrial Property (INPI) in order to reduce its current backlog published Rule 227/2018, regulating for the analysis of patents using the results of searches in other national or regional patent offices.
The Rule is applicable to patent applications which:
1. have not already been submitted to technical examination of the INPI;
2. have not applied to any other form of priority examination by the INPI;
3. have not received any pre-grant opposition;
4. have a counterpart application with prior art searches realized by national or regional patent offices in other countries.
Once the above conditions are fulfilled, the INPI will publish an opinion (under code 06.20) setting out prior art documents cited by foreign patent offices and inviting applicant to submit a new set of claims and/or arguments as to the patentability of the claimed invention. Thereafter, the applicant will have 60 days from the date of publication to answer such queries.
The new Rule is based on the findings of an existing pilot program introduced in January 2018, with the objective of evaluating the possible simplification and streamlining of technical procedures for examination of patent applications by using the work already done by other patent offices in the world. Such strategy is in line with the INPI Action Plan of 2018, which seeks to reduce the backlog of patents in the INPI (currently there are approximately 200,000 patent applications pending examination).
Source: INPI BrazilRead More