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Brazilian PTO discusses cooperation actions with Russia

Representatives from the Brazilian PTO attended a meeting with the general director of the Russian Federal Office for Intellectual Property (ROSPATENT) to discuss the next steps of cooperation between the two offices in the field of industrial property. The meeting took place on April 17, during the “International Conference 1.0 on Digital Transformation: Intellectual Property and Blockchain Technologies”, held in the Russian capital. During the meeting, a work plan for 2018 was defined, which includes actions such as the access to the Russian patent base and the PatSearch search tool; the introduction to ROSPATENT of BPTO’s computer program registration system; the ROSPATENT delegation visit to the BPTO for exchange of information on patent examination; the realization of bilateral meetings to exchange experiences and discussions on specific IP issues; and the participation of BPTO in ROSPATENT’s event. The two offices also discussed topics related to internal management, second instance administrative jurisprudence…

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BPTO and DKPTO signed an agreement to establish a Pilot Prosecution Highway (PPH)

Representatives of the BPTO and the Danish Patent and Trademark Office (DKPTO) signed a cooperation agreement on Thursday (12) to establish a Patent Prosecution Highway (PPH) pilot project. Through PPH, Brazilians will be able to use the result of the examination of the patent application by the BPTO to accelerate the analysis in Denmark and vice versa. In this pilot phase, up to 100 patent applications per year in each country will be accepted by the PPH. The agreement will be valid for two years, covering the enrollment of 200 applications in the program in each office. In the PPH pilot, the BPTO will only accept applications for patents related to mechanical engineering, lighting, heating, weapons and explosion, excluding any applications in the pharmaceutical segment. The DKPTO will accept patent applications from any technological field. In addition, the BPTO will limit the participation of one applicant for application per month,…

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The Brazilian Agency for Industrial Development announces a new BPTO

The Brazilian Federal Government is modernizing the Brazilian Industrial Property System. In collaboration with national and foreign partners, the Ministry of Industry, Foreign Trade and Services and the Brazilian Industrial Development Agency (ABDI) have implemented a series of measures to become more agile and efficient in the process of analysis and grant of patents by the Brazilian Patents and Trademarks Office (BPTO). In addition to investments in infrastructure, the government will create a simplified system for patents acceptance. The expectation is to attend about 204 thousand patent applications throughout the year 2018, significantly reducing the backlog of the institution. In the last three years, the BPTO’s productivity has grown considerably, reaching record levels. In 2017, the institute closed the year with more decisions than applications reducing the backlog of patents (7.6%), trademarks (14.9%) and industrial designs (26%). This January, the ABDI and the BPTO signed a Cooperation Agreement to reformulate…

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BPTO and UKIPO signed an agreement to establish a Pilot Prosecution Highway (PPH)

During the 10th meeting of the UK-Brazil Joint Economic and Trade Committee (JETCO) held in London, representatives of the Brazilian PTO and the United Kingdom Intellectual Property Office (UKIPO) have signed an agreement that may accelerate the analysis of patent applications. The agreement includes a pilot project of bilateral Patent Prosecution Highways (PPH). The programme, which will commence in the third quarter of 2018, builds on work initiated under the UK-Brazil Memorandum of Understanding on IP. It will support UK and Brazilian businesses via prioritized examination of patents already granted by one of the offices. On average, the deadline is reduced from about 10 years (complete procedure) to nine months (time until the examination after entering the PPH). According to the Minister of Industry, Foreign Trade and Services, “patents granted with agility are essential to stimulate innovation and competitiveness of companies, including those who intend to invest in the foreign market….

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BRICS countries sign joint declaration on cooperation in Intellectual Property

Representatives from South Africa, Brazil, China, India and Russia signed a joint statement reaffirming cooperation among the countries in the field of Intellectual Property during the 10th Meeting of BRICS Heads of Intellectual Property Offices, held in Chengdu, China. According to the joint declaration, signed on March 26, the main goals of this cooperation are: to promote the development of IP in the five countries; provide better services for users and the general public; and strengthen the participation of BRICS in the development of the global IP system. In this context, the document addresses topics such as the exchange of experiences on IP legislation; public awareness of the importance of IP so that it is increasingly used, especially by micro, small and medium-sized enterprises; the encouragement of the training of examiners in the area of IP; strengthening the dissemination of IP information; and the cooperation of the BRICS in international forums….

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BPTO and UKIPO launch Lambert Toolkit

The Brazilian Patent and Trademark Office (BPTO) and the United Kingdom Intellectual Property Office (UKIPO) launched during a workshop at the Federal University of Mina Gerais, the Lambert Toolkit, that contains samples of contracts for technology transfer in Brazil. The Lambert Toolkit is an instrument created by the British government to facilitate cooperation agreements for development and technology transfer between universities and companies. The initiative also aims to reduce time, money and effort required to secure these agreements and provide examples of best practice. The kits, which have been translated and adapted to the Brazilian legislation, are included in a cooperation agreement signed between the BPTO and UKIPO. The Lambert Toolkit will be available soon (in Portuguese) at the British Government website https://www.gov.uk/. *Translated and adapted from the BPTO’s official webpage. You can check the official publication (in Portuguese) here 

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The Future of IP

It has become emblematic, in the first decades of the XXI century and with the gradual growth of the demand for services in Intellectual Property before the national IP offices, the initiative from many governments and international institutions to find means for the reduction of backlogs and the time spent by the applicant in obtaining a Letter Patent or a Certificate of Registration. The first step in this painful process is to first recognize, in a national level, that a country that aims to be recognized as a strategic market cannot take a decade or so to grant a document to an applicant that will give him exclusive right over an IP asset; mostly because the expectation of rights (for the Patent, at least) usually is not enough to convince investors or other economical agents that may be interested in the asset. For the trademark, it’s even worse: only a Certificate is really…

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The Brazilian PTO (BPTO) issues Rule #193/2017 on expedited analysis of patent applications filed under the PCT

Recognizing a huge work backlog in the examination of Patent Applications (and expecting an increase of Patent Applications this year), the Brazilian Trademark and Patent Office (BPTO) issued on June 7th, 2017 the Official Resolution No. 193, to help solving the work backlog issue. This procedure aims to expedite the examination of applications by increasing the examiners’ productivity. This Resolution is directly related to PCT, and it defines that after June 13th, 2017 (i.e., last Tuesday) the search report for the applications coming from offices that work as International Searching and International Preliminary Examining Authorities under the PCT (ISA and IPEA) will be elaborated through the incorporation of the search performed by the respective office (directly related to the claimed priority. Also, the documents that are the result of search from other offices (ISR) may be, from now on, directly incorporated to the search report. Exceptions to this new development…

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Signed a New Agreement for the Examination of Pharmaceutical Patent Applications in Brazil

Yesterday (04/12/2017), in a formal ceremony held in Palácio do Planalto, in the capital Brasília, it was signed the much anticipated agreement between the Brazilian Patent and Trademark Office (BPTO) and the National Health Surveillance Agency (ANVISA) regarding the examination of pharmaceutical patent applications. In addition to expediting the processing and examination of patents in the pharmaceutical field, this will put an end to many lawsuits that exists over this issue. This will convert in benefits to Brazil, since this new found stability can attract investors to the field. Also, a final decision over certain patent applications can encourage companies to increase the production of certain products, generating more offers of pharmaceutical products in the Brazilian market. The agreement signed yesterday was published also yesterday as a Joint Ordinance No. 1, with full effect on both entities proceedings. The main aspects of such agreement is summarized below. As currently required by Article 229-C,…

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A new Patent Prosecution Highway (PPH) was signed!

On this March 16th, 2017, the president of the Brazilian Patent and Trademark Office (BPTO), Mr. Luiz Otávio Pimentel, and the president of the Japan Patent Office (JPO), Mr. Yoshinori Komiya, have signed in São Paulo a Joint Declaration to formalize a project of Patent Prosecution Highway (PPH) between the two countries. This PPH has been studied by a work group since October of the last year and the agreement was signed yesterday, during the Seminar on Cooperation in Intellectual Property between Brazil and Japan. By the PPH, Brazilians will be able to use the result of the examination of the BPTO over their patent applications in order to speed up the analysis in Japan, and vice versa. In this phase of the project (which starts on the first day of April of this year and will last for 2 years) there will be accepted, at maximum, 200 patent applications for the PPH…