By Vivianne Cardoso Banasiak, Client Relationship Manager
The year of 2018 was marked by harsh criticism on how the Government was dealing with the Brazilian Patent Office’s (BR PTO) backlog problem. However, since January 1st, 2019 Brazil has a new president, Mr. Jair Bolsonaro, establishing a new political environment. Aligned with the campaign promises, the Brazilian PTO no longer reports to the Ministry of Industry, Foreign Trade and Services, but to the newly created, particularly powerful, Ministry of Economy (which now includes Planning and Foreign Trade). The BR PTO is under the Special Secretariat for Productivity, Employment and Competitiveness, led by Carlos Alexandre da Costa, a former member of the transition team of the new president. On January 8th, 2019, the Ministry of the Economy announced the nomination of Mr. Cláudio Vilar Furtado as the new President of the Brazilian Patent Office. Mr. Furtado is an economist with Doctoral Degree in Business Administration and, aligned with the premises of the new Government, set fairly aggressive goals for BR PTO in the coming years, mainly related to the patent backlog.
For years the BR PTO has struggled to reduce its patent backlog in order to process applications within …Read More
By José Santacroce, Partner, and Head of Patent Department
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.
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, …Read More
By Maria Sol Porro
Last June, 7th, the Seventh International Congress of Intellectual Property called ¨Recent IP Developments in Europe¨ was held at the University of Maastricht, Netherlands, organized by the Queen Mary University of London, the Autonomous University of Madrid and the host, the University of Maastricht.
Each year different speakers of the mentioned universities attend this event in order to make brief presentations about the most recent developments in the main areas of intellectual property law in Europe. In this way, new laws, legislative proposals, notable new resolutions or recent doctrines on trademark law, patents, copyright, geographical indications, designs, etc. are analyzed and exposed.
In summary, the topics addressed this year were the following:
1- Multimedia Trademarks
They are those represented by the presence of an audiovisual file that contains the combination of image and sound. These trademarks are starting to be taken into account within the European registers, although they are usually registered as services and not as goods. However, they have two problems: a- Having so many elements involved, often lack the distinctive character required for the trademarks and b- many of these brands are usually video games whose central themes often clash with morality …Read More
By Vivianne Cardoso Banasiak, Client Relationship Manager
For years the BR PTO has struggled to reduce its patent backlog in order to process applications within reasonable timeframes. This is a long-standing problem and several measures have been introduced aiming to minimize the big delays. However, despite all the efforts, the patent backlog is still massive. An article summarizing all the actions taken by BR PTO against the patent backlog was recently published in our blog.
Nevertheless, on 7th July, 2019, the Brazilian Patent Office (BR PTO) published in the Industrial Property Gazette (often referred to as RPI) what is expected to be the solution against the patent backlog: Resolutions 240/2019 and 241/2019. These Resolutions aim to optimize the technical examination proceeding of patent applications in Brazil and figure as part of the Government’s “Strategic Industrial Property Project” of reforming and reorganizing the current system established at the BR PTO.
The new Resolutions are based on an existing Resolution 227/2018, published on 30th October, 2018, which defines the pre-examination proceedings of patent applications using the results of prior art searches carried out by Patent Offices of other countries, of International or Regional Organizations, to expedite the technical examination …Read More
By Carlos Cavalcanti, Managing Partner at Moeller IP Brazil
Brazilian PTO is initiating the Backlog Combat Project to substantially reduce the number of pending patent applications over a 2-year period. To achieve this goal, the preliminary requirements will be established, according to Resolutions 240/19 and 241/19, published in Official Bulletin under dispatch codes 6.21 and 6.22. The dispatch of code 6.21 will be issued to the corresponding search requests available in other offices while dispatching code 6.22 to the corresponding no search request available. Thus, the following codes will be listed in the Bulletin Table of Orders – Patent Section:
6.21 – Preliminary requirement – Application with searches made by other Patent Offices. Suspension of the progress of the patent application which, for regular instruction, will await the answer or challenge of the requirements formulated. The non-manifestation of the applicant within 90 (ninety) days of this date will result in the final denial of the application. The preliminary requirement opinion (6.21) will be published as of 7/23/2019.
6.22 – Preliminary requirement – Application without searches made by other Patent Offices. Suspension of the progress of the patent application which, for regular instruction, will await the answer or challenge of …Read More
World’s Five Largest Patent Offices Agree on Joint Task Force for Emerging Technologies and Artificial Intelligence (AI)
By José Santacroce, Partner and Head of Patent Department
The heads of the five largest patent offices held their annual meeting on 13 June 2019 in Incheon, Korea. The five offices, known as the IP5, are the Korean Intellectual Property Office (KIPO), European Patent Office (EPO), Japan Patent Office (JPO), China National Intellectual Property Administration (CNIPA) and United States Patent and Trademark Office (USPTO). The IP5 together handle around 85 percent of the world’s patent applications.
The meeting was chaired by KIPO Commissioner Park Wonjoo, and was attended by EPO President António Campinos, JPO Commissioner Naoko Munakata, CNIPA Commissioner Shen Changyu, and USPTO Director and Under Secretary of Commerce for Intellectual Property Andrei Iancu. The Director General of the World Intellectual Property Organization, Francis Gurry, attended the meeting as an observer.
“Co-operation with our IP5 partners is a key to building an efficient and effective global IP system by establishing more aligned procedures worldwide,” said EPO President António Campinos. “IP5 co-operation is a success story. The EPO and its partner offices are now entering a new phase of their co-operation where we should think about further strengthening IP5 co-operation and promoting a more comprehensive IP agenda, in order to …Read More
The European Patent Office and the National Institute of Industrial Property (INPI) of Argentina are stepping up their cooperation. EPO President Antonio Campino and INPI President Damaso Pardo signed on 2 July 2019 a Memorandum of Understanding (MoU) to establish a Reinforced Partnership programme between both offices. This comprehensive cooperation agreement is the first of its kind to be set up by the EPO with an IP office in Latin America. The meeting of the Heads of Office took place on the margins of the IP Executive Week in Alicante.
According to Antonio Campinos, thanks to this agreement, the EPO can work more closely with one of the largest economies in Latin America and strengthen its relations with this dynamic region. Building on EPO long-standing ties with INPI, the agreement will help better meet the needs of companies in Argentina and users around the globe.
According to Damaso Pardo, this agreement aims to render the respective patent systems as efficient, user-friendly and reliable as possible for innovators; a robust patent system is an essential instrument for stimulating innovation, entrepreneurship and economic development.
Through their Reinforced Partnership programme, the EPO and …Read More
By Vivianne Cardoso Banasiak, Client Relationship Manager
On June 18, 2019, the Brazilian Patent Office (BPTO) published in the Industrial Property Gazette (often referred to as RPI) Resolution 239/2019 and Instruction #01/2019 (available here) that regulate the conditions for prioritized examination requests of patent applications. The new rules will be valid for some fast track programmes in Brazil, with the aim of simplifying and streamlining the proceedings.
The fast track programmes under the new Resolution 239/2019 are:
- patent applications due to applicant aged 60 or above; applicant suffering from functional or mental disabilities or other severe disease; applications under specific situations, such as when the unauthorized reproduction of the subject matter of a patent application is taking place in Brazil or when and where an applicant is in need of a granted patent to receive BR funds to exploit the subject matter of the patent; applications relevant for national emergency or public interest (Resolution 151/2015);
- Applications filed by Brazilian micro and small entities (Resolution 236/2019);
- Applications related to eco-friendly and green technologies (Resolution 175/2016);
- Applications first filed at the BRPTO (Resolution 212/2018);
- Applications related to diagnosis, prophylaxis and treatment of AIDS, cancer, rare diseases or (pre-defined) neglected diseases
By INPI Argentina
DECTO-2019-403-APN-PTE – Decree Nº 260/1996 Amendment.
City of Buenos Aires, 6/5/2019
BY VIRTUE OF File Nº EX-2018-52897206-APN-DO#INPI of Law Nº 27,444 and Decree Nº 260 dated 20 March, 1996, and
That by Decree N° 260/96 the Ordered Text of the Law of Patents of Invention and Utility Models N° 24,481 was approved, with the amendments of Law N° 24,572, as Annex I.
That, likewise, through the above mentioned decree the Regulation of Law Nº 24,481 was approved, with the amendments introduced by Law Nº 24,572, as Annex II.
That, by Law Nº 27,444 of Simplification and Debureaucratization for the Productive Development of Nation, the amendments to the above mentioned rules were introduced.
That in order to guarantee the meeting with the objectives, it is necessary to fit the existing legal framework to the new approaches and requirements, in order to reduce the burdens on the applicants, to shorten the proceeding terms, to urge the debureaucratization in proceedings and the adoption of new management electronic tools.
That in that order, it is proposed to design a creative and innovating proceeding for the protection by the institute of the utility model, emphasizing the celerity thereof …Read More
The Argentine INPI has published on 29 April 2019 Resolution 112/2019 with the objective to accelerate substantive examination of Argentine first filing patent applications.
The text of said resolution is the following:
SEEN the file EX -2019-16551501- -APN-DOINPI, of the Law of Patents of Invention and Utility Models N° 24,481 (t. o. 1996), as amended by laws Nos. 24,572, 25,859 and 27,444, and by the Regulatory Decree N° 260 dated March 20, 1996, Annex II; and
That, today, Argentina is undergoing a transformation and modernization process which aims to an economy growth based on the incorporation of local and world value chains, regarding innovation as the main axis of the productive development.
That, in this frame, the protection of innovations through the system of patents of invention and utility models fulfills a significant role in the competitiveness of firms, especially our PYMES (Small and Medium Sized Companies, from the acronym in Spanish), which invest in innovation and request to protect cash advances and inventions to be afterwards apply to an industrial development.
That this INSTITUTE is adopting several measures, starting with the reform to the proceedings of Patent Law, …Read More