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Client Alert

Interagency Ordinance #1/2017 on prior approval of pharmaceutical patent applications becomes effective today

The BRPTO [INPI] and Brazilian FDA [ANVISA]’s Ordinance has established new means of unduly interfering in patent prosecution, violating federal laws and international treaties.Following up our detailed Client Alert on that matter, we would like to inform that Interagency Ordinance #1/2017 enters into force today, June 12, 2017.Given the Ordinance’s potential for violation of our […]

The Brazilian PTO (BRPTO) issues Normative Instruction #02/2017 on the automatic admissibility of PCT national phase applications

(BRPTO’s IP gazette of June 6 th , 2017)The BRPTO published today, June 6, 2017, Normative Instruction #02/2017 which establishes that PCT applications that entered the Brazilian national phase between January 1, 2013 and December 31, 2016, and which have not undergone admissibility examination yet, shall be automaticallyadmitted by the BRPTO.The automatic admissibility of PCT […]

Licks Attorneys ranked by Leaders League 2017 in Technology, Life Sciences and Patent Litigation

The newly released Leaders League 2017 Ranking of the top law firms in Brazil ranked Licks Attorneys as the Leading law firm in Brazil in the Patent Litigation and Technology guides, as well as a highly recommended law firm in the Life Sciences guide.Patent Litigation is led by partners, Otto Licks, Carlos Aboim and Rodrigo […]

The BRPTO [INPI] and the Brazilian FDA[ANVISA] issue Ordinance #1/2017 on prior approval of pharmaceutical patent applications under art. 229-C of the Patent Law

Published on April 13 in the Brazilian Federal Official Gazette, Interagency Ordinance #1/2017 enters into force on June 12th. Anti-patent biased, it establishes: i) ANVISA ́s denials under art. 229-C as basis for BRPTO ́s contructive abandonment of patent applications; ii) special pre-grant opposition track for ANVISA, which will halt examination; and iii) anti-patent harmonization […]

Licks Attorneys announces Brazilian Ambassador Regis Arslanian as a new partner

Advisor at Licks Attorneys since 2014, Brazilian Ambassador Regis Arslanian was announced partner in May 2017, appointed to chair Licks Attorneys government relations, regulatory affairs and international policy group. Having earned his law degree prior to joining the Brazilian Foreign Service (Itamaraty) he is a practising attorney, member of the Brazilian Bar Association.After a successful […]

Brazilian PTO (BRPTO) issues Rule #191/2017 introducing Technology Readiness Levels (TRL) as one of the criteria for fast-track of patent applications filed by S&T institutions.

The BRPTO issued today, May 23, 2017, the “Patentes ICTS” (Patents – S&T Institutions) a new Rule establishing fast-track directed to applications for inventions or utility models first filed at the BRPTO or, if using PCT, at the BRPTO acting as the Receiving Office. At least one of the applicants must be an S&T Institution.Participants […]

The Brazilian PTO (BRPTO) issues Rule #190/2017 on the limitation of services available in paper format

(BRPTO’s IP gazette of May 9th, 2017)The BRPTO published yesterday, May 9th, 2017, Rule #190/2017 which limits the services that can be carried out in paper format.According to Rule #190/2017, several services will no longer be available in paper format, such as: Request for anticipated publication; Request for recordal of applicant’s name and address change; […]

Brazilian PTO (BRPTO) issues Rule #189/2017 implementing new procedures for the submission of documents and information after the filing of a patent application

(BRPTO’s IP gazette of May 9 th, 2017)The BRPTO published yesterday, May 9 th , 2017, Rule #189/2017 implementing new procedures for the submission of documents and information after the filing of a patent application.Rule #189/2017 establishes that any service not specified in the BRPTO official fee table, must be requested under the code 260, […]

Brazilian PTO (INPI) issues Rule #70/2017 introducing new procedures for the recordal of technology transfer agreements

The goal of the Ministry of Industry, Foreign Trade and Services is to reduce bureaucracy and increase transparency by limiting the INPI’s interferenceThe INPI, agency reporting to the Ministry of Industry, Foreign Trade and Services, issued Rule #70 on April 12, 2017, setting forth new procedures for the recordal of technology transfer agreements. During an […]

The Brazilian PTO (BRPTO) published today Rule # 184/2017 implementing the Patent Prosecution Highway (PPH) Pilot Program with the JPO

(BRPTO’s IP gazette of March 28th, 2017)The BRPTO published today, March 28, 2017, the much-anticipated rule implementing the PPH Pilot Program with the JPO, which might speed up the examination of Brazilian applications duly filed and regularly pending in Brazil after a corresponding application from the same family receives the notice of allowance from the […]

BRPTO’s invites public comments on patent examination draft guidelines related to the area of chemistry

(Federal Register of March 17th, 2017)The Patent Application Examination Guidelines – aspects related to the examination of patent applications in the area of chemistry – complement the contents of block I (BRPTO Rule #124/2013) and block II (BRPTO Rule #169/2016) of the guidelines for the examination of patent applications, with particularities about the examination of […]

Rule #181/2017 – Fast track of applications filed by SME

(BRPTO’s IP gazette of March 1st, 2017)Phase II of the pilot program for fast track applications filed by SME, as defined by Brazilian specific laws, introduces restrictions of technical fields. In case of more than one applicant, all of them must comply with SME definitions.Applications for which IPC (Int’l Patent Classification) main classification is under […]

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