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The Brazilian PTO (BRPTO) issues Normative Instruction #74/2017 on procedures related to computer programs registration and the electronic filing of applications

(BRPTO’s IP gazette of September 5th, 2017)The BRPTO published today, September 5th, 2017, Normative Instruction #74/2017 which establishes that the registration of computer programs will be requested exclusively by means of the electronic form e-RPC.According to article 2, ¶1 of Normative Instruction #74/2017, the applicant will have the entire responsibility for guarding the confidential information […]

New developments in the PDP Program: The 2017 list of PDP proposals is announced

August 24, 2017The Ministry of Health (“MoH”) announced the list of proposals for future Partnership for Productive Development (“PDP”) Agreements, submitted in the 2017`s round, indicating the related public institutions, companies and products.On August 10 th , 2017, the MoH made available in its website the Technical Note #02/2017 announcing the full list of proposals […]

Municipal authorities cannot inhibit Uber from freely operating in Fortaleza.

August 22, 2017More than three months after Uber sought a relief before the Public Revenue Courts in Fortaleza, the injunction was granted for allowing Uber and driver partners to freely operate in the city. Since the launch of the app in Fortaleza, Municipal authorities have been impounding vehicles and applying fines to drivers caught with […]

BRPTO postpones deadline for comments on simplified procedures for the allowance of pending patent applications

(Federal Register of August 23 rd , 2017)The BRPTO published on its official website a notification informing the extension of the deadline to submit comments on the proposal aiming at reducing the backlog via simplified allowance procedures for pending patent applications. According to this notification, interested parties may now submit their comments until August 31 […]

The Brazilian FDA (ANVISA) issues Rule #168/2017 on procedures for pharmaceutical patent applications under Art. 229-C of the Patent Statute. New rule implements Interagency Ordinance #1 of 2017.

(Federal Register of August 10 th , 2017)The ANVISA published at the Federal Register #153 today, August 10 th , 2017, Rule #168/2017 which establishes the procedures to be followed by the Agency during the prior approval analysis of patent applications claiming pharmaceutical products and processes under the authority of art. 229-C of the 1996 […]

The Brazilian Ministry of Health announces its preliminary review of PDP projects for MABs and etanercept

Once again, the Ministry of Health (MoH) changes the market share of PDPs involving monoclonal antibodies and etanercept.The MoH made its announcement through Ordinance #1992, published in the Official Register on August 4, 2017. It contained the result of the MoH’s preliminary review of the PDP projects involving monoclonal antibodies (adalimumab, bevacizumab, infliximab, rituximab and […]

BRPTO’s Notice invites public comments on simplified procedures for the allowance of pending patent applications

(Federal Register of July 31th, 2017)The BRPTO’s notice invites public comments on the proposal aiming at reducing the backlog via simplified allowance procedures for pending patent applications. This proposal comes as an effort of the Ministry for Development, Industry and Foreign Trade (MDIC), which understand the importance of obtaining the patent right within an acceptable […]

Brazilian PTO (“INPI”) issues Rule #199/2017 introducing guidelines for the examination of technology transfer agreements

The guidelines aim at streamlining and providing more transparency to the recordal proceedingsRule #199/2017, which came into effect on its issuance date July 7, 2017, sets forth guidelines for the administrative proceedings of examination and recordal of industrial property licenses, registration of topography integrated circuits, technology transfer and franchise agreements. Such guidelines aim at streamlining […]

New market share reallocation of PDPs

For the third time in less than 6 months, the Ministry of Health (MoH) changes the market share of PDPs involving monoclonal antibodies and etanercept.On July 14, 2017, the MoH republished Ordinance #542 of 2017 (Ordinance #542), allocating for the third time the market shares of the PDPs involving monoclonal antibodies (adalimumab, bevacizumab, infliximab, rituximab […]

BRPTO Normative Instruction #1/2017 on procedures for pharmaceutical patent applications

Brazilian PTO (BRPTO)’s Normative Instruction #01/2017 on procedures for pharmaceutical patent applications under art. 229-C of the Patent Statute issued. New instruction implements Interagency Ordinance #1 of 2017.(BRPTO’s IP gazette #2425 of June 27th, 2017)The BRPTO published on June 27, 2017, Normative Instruction #01/2017, [NI #01/2017] which establishes the procedures to be followed by the […]

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

(BRPTO’s website communication of June 22nd, 2017)The BRPTO published today, June 22nd, 2017, a communication on its official website (www.inpi.gov.br) informing the decision to revoke Rule #193/2017, issued on June 13th, 2017. This Rule established the incorporation of prior art search reports issued by International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA), in […]

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

(BRPTO’s IP gazette of June 13th, 2017)The BRPTO published today, June 13th, 2017, Rule #193/2017 which establishes the use of priorart search reports issued by International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA), hereinafter “reference offices” (Annex I), for patent applications filed under the PCT Agreement.According to Article 3 of Rule #193/2017, prior […]

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