News

Facebook is suing BlackBerry for patent infringement

14/09/2018

Facebook has begun a new chapter in the legal battle with BlackBerry. The first legal confrontation between the two companies started in March 2018, when the mobile device maker accused Facebook and Whatsapp of copying the messaging technology originally used by BlackBerry Messenger (BBM).
Now it is Facebook’s turn to accuse the manufacturer of infringing its patents.
According to the Bloomberg publication, Facebook has filed a lawsuit against BlackBerry for infringement of at least 6 patents, including technology related to voice messages.
Other allegations claim that BlackBerry would also have copied specific graphics display technologies and a system that performs the centralization of tracking data and analyzes obtained through GPS. So far, neither company has come out on the case.

News

PPH PROSUL Pilot Program enters on its second phase

04/09/2018

The Brazilian PTO published on September 4, 2018, the Rule #224/2018 implementing the second phase of PPH Pilot program with the National Institute of Industrial Property of Chile (INAPI), the National Institute of Industrial Property of Argentina (INPI-AR), the Colombian Superintendence of lndustry and Commerce (SIC), the Ecuadorian Institute of Intellectual Property (IEPI),the National Directorate of Intellectual Property (DINAPI), the Peruvian Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) and the National Institute of Industrial Property of Uruguay (NCPA), named PPH PROSUL Pilot Project.
To be accepted on the PROSUL PPH Pilot Program, the application must:
i) Have been filed for more than 18 months or published by the WIPO (when applicable);
ii) Have the corresponding technical exam duly paid;
iii) Have to belong to patent families whose earliest application has been filed at a Patent Office from any of PROSUL countries or, in case of a PCT application, any of these offices was the receiving office.
iv) Have the favorable opinion from any of the PROSUL Institutes, clearly indicating which claims to meet the requirements of novelty, inventive step, and industrial applicability.
In the case of divided patent applications, they must request priority procedure to all of them.
The participation of the application in the PROSUL PPH Pilot Program shall be requested by any or all the applicants.
The priority examination request can be filed up to June 30, 2019.
Amongst other documents requested by Rule #224/2018, the applicant must submit with the application, documents proving that the application meets the requirements and a table including the correspondences between the BR application claims and the PROSUL allowed claims and a copy of non-patentary prior art documents.
The program will be extended until all eligible applications are decided.
The BPTO will evaluate the applications according to its request date, and applications that do not meet the requirements will either be given the opportunity to correct any irregularity, case in which the BPTO will issue an office action which must be replied to within 60 days, or be denied participation in the PPH Pilot Program, case in which it will return to the regular line of examination.
The original Portuguese version of Rule #224/2018 is available here

News

The Brazilian PTO implements PPH Program with the DKPTO

21/08/2018

The BPTO published on August 21, 2018, the Rule #223/2018 implementing the PPH Pilot program with the DKPTO, that intends to speed up the examination of pending Brazilian applications with an application from the same nature allowed by the DKPTO.
The Program will accept applications belonging to patent families whose earliest application has been filed at the BPTO or the DKPTO or, in case of a PCT application, the BPTO or DKPTO was the receiving office.
The program will accept applications from the technical field of “Engineering, illumination, heating, guns and explosion”. The application must be classified under the IPC code F#, with the exception of drug-related applications (A61K) which are not allowed in this program.
To be accepted on the BPTO-DKPTO PPH Pilot Program, the application must:
i) Have been filed for more than 18 months or published by the WIPO (when applicable);
ii) Have the corresponding technical exam duly paid; (in case of divided patent applications, they must request priority procedure to all of them);
The participation of the application in the BPTO-DKIPO PPH Pilot Program shall be requested by any or all the applicants.
The BPTO-DKPTO PPH Pilot Program starts on September 01, 2018 and will receive applications up to August 31, 2020. Each applicant can only file one patent application per month, except during the last month of the project, when there will be no limit of the number of applications per applicant. The project is limited to 100 applications accepted into the BPTO-UKIPO PPH program per year (limit of 200 accepted applications during the entire program).
Amongst other documents requested by Rule #223/2018, the applicant must submit with the application, documents proving that the application meets the requirements and a table including the correspondences between the BR application claims and the DK allowed claims and a copy of non-patentary prior art documents.
The BPTO will evaluate the applications according to its request date, and applications that do not meet the requirements will either be given the opportunity to correct any irregularity, case in which the BPTO will issue an office action which must be replied to within 60 days, or be denied participation in the PPH Pilot Program, case in which it will return to the regular line of examination.
The original Portuguese version of Rule #223/2018 is available here.

News

Hyundai registers new "Veloster" patents in Brazil

20/08/2018

The South Korean manufacturer Hyundai registered the new generation of the three-door Veloster hatch in Brazil through the Brazilian Patents and Trademarks Office (BPTO).

Unlike the Veloster sold by CAOA a few years ago, the new Veloster bets on mechanical and visual sportsmanship. The model abandoned the 1.6 in favor of a new 2.0 four-cylinder aspirated 149 hp and 18.5 kgfm of torque. The faster versions use a 1.6 turbo of 204 hp and 26.9 kgfm of torque. There is also the Veloster N with 2.0 turbo engine of 280 hp and 35.9 kgfm of torque.
The new model maintains the traditional three-door configuration but has adopted a more aggressive and sporty style. The front has a fairly wide front grille that combines with the sharp headlights. The wheel housings have gained strong creases while the rear features lanterns that invade the trunk lid and extend down the spine.
It is possible that the new Hyundai Veloster will be presented at the São Paulo Motor Show.
News

The magazine "Valor Inovação" includes patents in its annual ranking

01/08/2018

The magazine Valor Inovação Brasil included in its fourth edition a new criterion in its evaluation methodology: The inclusion of patents published by the Brazilian PTO in the year of 2017. Such inclusion extended the analysis capacity, making some companies stand out in the ranking, according to specialists.
This is the case, among others, of CNH Industrial – which advanced from 54th to 13th position; Vale, from the 42nd to the 17th position; Microsoft, from the 79th to the 18th; and Petrobras, which moved from 11th place last year to 3rd place. The methodology is specific to the Brazilian market and allows to separate truly innovative companies from those that are following technological trends.
Of the 216 companies registered, 82% have revenues above R$ 1 billion (approximately US$ 270 million). The sample was divided into 21 sectors – three more than in 2017. From the area of Oil and Gas the companies of Mining, Metallurgy and Steel Industry left, forming a new group. The Banking segment, separated from financial services, also gained its own section, as well as Transport and Logistics. Another change was the sector Industries, Chemical and Petrochemical, is now called Chemistry, Petrochemical, Packaging, Paper and Cellulose.
The original publication (in Portuguese) can be found here

News

General bill for protection of personal data is approved in the Brazilian Senate

01/08/2018

The Brazilian Senate approved on July 10, 2018, Bill No. 53, which rules the protection of personal data and defines the circumstances in which these data can be collected and treated by both companies and the Public Authorities.
With this measure, Brazil joins several countries in the world, which already have legislation on the subject. The text disciplines the way information is collected and handled, especially in digital media such as personal registration data or even texts and photos published on social networks.
The PLC 53 considers personal data the information related to a person who is “identified” or “identifiable”. That is, the bill also regulates the cases where the data alone, does not reveal to whom it would be related to (an address, for example) but that, processed along with other data, could indicate who the person is (address combined with age, for example).
A special category, called “sensitive” data, has been created, covering race records, political opinions, beliefs, health status and genetic characteristics. The use of this data is more restricted since it carries risks of discrimination and other damages to the person. There are also differentiated parameters for processing information from children, such as requiring parental consent and prohibiting the provision of records to participation in applications (such as social networks and electronic games).
The bill covers treatment operations carried out in Brazil or from data collection done in the country. The standard also applies to companies or entities that offer goods and services or treat information of people who live in Brazil. International data transfer (as in the example above) is also permitted when the country of destination has a level of protection compatible with the Brazilian law or when the company responsible for the treatment proves that they guarantee the same conditions required by the instruments such as contracts or corporate standards.
Treatment for personal, journalistic and artistic purposes was not included in the obligations. Information processing is also not covered in national security, public safety, and law enforcement activities. The text indicates that these topics should be dealt with a specific law. The Public Power also gained the possibility of processing data without the consent of the people, in certain situations, as in the execution of public policies. For this, the website must inform in which hypothesis the processing of data is realized, its purpose and what are the adopted procedures.
You can find the official publication (in Portuguese) here

News

The Brazilian PTO implements PPH Program with the UKIPO

24/07/2018

The BPTO published on July 24, 2018, the Rule #222/2018 implementing the PPH Pilot program with the UKIPO, that intends to speed up the examination of pending Brazilian applications with an application from the same nature allowed by the UKIPO.
The Program will accept applications belonging to patent families whose earliest application has been filed at the BPTO or the UKIPO or, in case of a PCT application, the BPTO or UKIPO was the receiving office.
The program will accept application from the technical field of “Biotechnology”, ” Machinery and electrical devices, energy “, “Audiovisual Technology”, “Telecommunications”, “Digital Communication”, “Basic Communication Processes” , “Computer Technology”, “IT Methods for Management” and “Semiconductors”. The application must be classified under the IPC codes list to be accepted, with the exception of drug-related applications which are not allowed in this program .
The table below summarizes the International Patent Classifications accepted by this program:

TECHNICAL AREAIPC CODE
Biotechnology(C07G, C07K, C12M, C12N, C12P, C12Q, C12R, C12S) except A61K
Machinery and electrical devices, energyF21#, H01B, H01C, H01F, H01G, H01H, H01J, H01K, H01M, H01R, H01T, H02#, H05B, H05C, H05F, H99Z
Audiovisual TechnologyG09F, G09G, G11B, H04N-003, H04N-005, H04N-009, H04N-013, H04N-015, H04N-017, H04R, H04S, H05K
TelecommunicationsG08C, H01P, H01Q, H04B, H04H, H04J, H04K, H04M, H04N-001, H04N-007, H04N-011, H04Q
Digital CommunicationH04L
Basic Communication ProcessesH03#
Computer Technology(G06# except G06Q), G11C, G10L
Information Technolgy Methods for ManagementG06Q
SemiconductorsH01L


To be accepted on the BPTO-UKIPO PPH Pilot Program, the application must:
i) Have been filed for more than 18 months or published by the WIPO (when applicable);
ii) Have the corresponding technical exam duly paid; (in case of divided patent applications, they must request priority procedure to all of them);
The participation of the application in the BPTO-UKIPO PPH Pilot Program shall be requested by any or all the applicants.
The BPTO-UKIPO PPH Pilot Program starts on August 01, 2018 and will receive applications up to July 31, 2020. Each applicant can only file one patent application per month, except during the last month of the project, when there will be no limit of number of applications for applicant. The project is limited to 100 applications accepted into the BPTO-UKIPO PPH program per year (limit of 200 accepted applications during the entire program).

Amongst other documents requested by Rule #222/2018, the applicant must submit with the application, documents proving that the application meets the requirements; a table including the correspondences between the BR application claims and the UK allowed claims and a copy of non-patentary prior art documents.
The BPTO will evaluate the applications according to its request date, and applications that do not meet the requirements will either be given the opportunity to correct any irregularity, case in which the BPTO will issue an office action which must be replied to within 60 days, or be denied participation in the PPH Pilot Program, case in which it will return to the regular line of examination.
The original Portuguese version of Rule #222/2018 is available here.

News

Brazilian Supreme Court will judge 'pipeline' patents

20/07/2018
An action that questions the constitutionality of the legal provisions dealing with pipeline patents should be tried in September. Also called import or revalidation patents, they were granted to patented products abroad, but these patents were already in the public domain.
The justification of the Brazilian General Attorney of the Republic (PGR) is that these legal provisions allowed patents granted abroad to be automatically applied in Brazil without substantial verification of the qualities and innovations of the product, with a maximum duration of 20 years. More than 1,100 patent applications were granted automatically in 1997. But, today, they have fallen into the public domain.
One of the arguments about unconstitutionality is precisely in its legal nature, since it seeks to make patentable, to the detriment of the principle of novelty, that which is already in the public domain, promoting the legislator, thus, a kind of expropriation of a common good of the people without any constitutional protection.
According to such experts, pipeline patents favored foreign multinationals that privatized – without paying anything to the treasury – technology that was already in the public domain.
Tha judgement would be important to show that the Brazilian Supreme Court understands that it is not possible to enact a law and give patents to technologies that were already old, and already known, in this way, it would be possible to recognize the nullity of patents and the consequent return of money that was sent abroad.
Others claim that these patents are constitutional since all necessary requirements for them to be valid were fulfilled. The revalidation regime abroad is not an exclusivity of Brazil. Any decision to the contrary would generate much legal uncertainty, according to other experts.
The official publication about this case can be found here
News

Brazil ranks 64th in global innovation ranking

13/07/2018
Brazil has gained a better position in the world ranking of innovation organized by the World Intellectual Property Organization (WIPO) in partnership with Cornell University and the Insead business school. The country ranks 64th out of 126 listed economies.  Compared to the 18 Latin American and Caribbean economies, Brazil appears in the sixth position. Switzerland is the leader in the ranking, followed by Netherlands, Sweden, United Kingdom, Singapore, the USA, Finland, Denmark Germany and Ireland.
According to the publication, the Brazilian raise, which went from the 69th position to the current 64th, was due to an increase in research and development expenses, high technology imports and exports and the quality of national scientific information. In this topic, the study emphasized the materials published by the University of São Paulo (USP), Campinas (Unicamp) and also the Federal University of Rio de Janeiro (UFRJ).
Methodology
The Global Innovation Index (GII) ranks 126 economies and classify based on 80 indicators, from patent fees to the development of smartphone applications, education spending, and scientific and technical publications.
You can read the official publication at the WIPO’s website here
News

BPTO's production grows strongly in the first semester of 2018

09/07/2018
During the first half of 2018, the BPTO’s production grew strongly compared to the same period of 2017. This increase also allowed the total number of decisions between January and June of this year to be above the current demand of the same period, leading to a reduction in waiting time.
Considering only grants, the most significant increase in the first half of 2018 was in industrial design, which reached 111.9%, going from 2,355 to 4,990 grants.
In the area of patents, the grants between January and June of 2018 grew 81.7%, rising from 3,164 to 5,749. In trademarks, the number of grants was 71.6% higher, increasing from 49,598 to 85,099.
In addition, the number of registration of computer programs increased from 2,670 to 3,270, with a 22.5% variation.
When considering the total number of decisions of the BPTO (grants, rejections, and filings), the numbers are equally expressive. These results show that, with more decisions than requests in the first half of this year, the tendency is to reduce the stock and, therefore, the waiting time until the grant.
In this comparison between decisions and applications from January to June 2018, trademark decisions (179,185) were 82.3% higher than the requests in the period (98,297). In patents, decisions (19,884) exceeded applications (13,574) by 46.5%.
With the implementation of the electronic application, the computer program service also had an excellent result: production (3,270) was 199.7% higher than the 1,091 applications.
In industrial design, the total decisions reached 6,962, or 144.5% above the 2,848 applications in the first half of the year.
*Translated and adapted from the BPTO’s official web page. You can read more here