The Economic Development Committee of Brazil’s Chamber of Deputies has approved Bill No. 3553/21, establishing more explicit rules for the role of the Brazilian Patent and Trademark Office (BPTO) in court actions seeking the nullity of patents and trademarks.
The bill aims to enhance legal certainty and expedite these proceedings. The approved text provides that the BPTO:
- Will be summoned to comment after the deadline for the patent or trademark owner’s defense.
- May choose not to contest or may change its position in the case of public interest is involved;
- Will have the autonomy to remain in the proceedings even if the plaintiff withdraws or settles with the defendant.
The substitute text, presented by Congressman Vitor Lippi (PSDB-SP), seeks to strengthen the BPTO’s autonomy and reduce costs and delays.
The bill will now be analyzed by the Committees on Industry, Trade, and Services, as well as the Committee on Constitution and Justice.
