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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…

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New Developments in the Examination of Pharmaceutical Patent Applications

The Brazilian Patent and Trademark Office (BPTO) and the National Health Surveillance Agency (ANVISA) have recently advanced in the discussion regarding the examination of pharmaceutical patent applications. Due the Article 229-C of Brazilian IP Law, whenever a patent application claims a pharmaceutical product or process, consent from the National Sanitary Surveillance Agency (ANVISA) is required prior to the granting of the desired patent by the BPTO. However, ANVISA’s lack technical capability to analyze patentability requirements of pharmaceutical patent applications, and this conflict over the responsibilities of the two entities in the patent application process have generated a backlog in the BPTO’s work of analysis of patents in this field of technology. Hence, the new proposal clarifies the responsibility of each entity in the process of analysis of pharmaceutical patent applications: ANVISA will continue to issue prior consent declarations, limiting its analysis to the risk of the product or process to the public health and the BPTO, in…

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Ethics and Intellectual Property

When we study the principle of ethics in Intellectual Property, we have two classic situations to be observed: the first (and best known) is the reproduction or imitation of trademarks and / or the involvement of patents between competing companies (i.e., acts of unfair competition between companies owning intellectual property as their main assets) and the second is the one that involves competing offices that provide assistance services to holders of intellectual property rights, which, sometimes, may claim some ethical breach of the other in dealing with clients. In this setting, the second aspect has an even broader competitive importance (of ethical consideration in its origin), since it involves from the effective onset of the knowledge and the accomplishment of the acts in relation to the practice of the law or the profession of industrial property agent, including even those who do not have such qualifications (whether due to the…