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Client Alert

Change in the presentation standard for biological sequence listings in force as of July 01, 2022

The BRPTO published on its Official gazette #2683 of today, June 07, 2022, a notice informing that, as of July 01, 2022, biological sequence listings must be presented following WIPO Standard ST.26 (XML format), instead of the currently accepted WIPO Standard ST.25 (TXT format). Patent applications filed until June 30, 2022 that included sequence listings […]

Public consultation on technical note BRPTO/CPAPD #01/2022 – examination of transgenic plants inventions – particularly, elite events – is now open

The BRPTO published today, June 1st, 2022, in Federal Register #103, an announcement on opening of the Public Consultation to discuss the technical note BRPTO/CPAPD #01/2022, which provides guidelines on the examination of inventions related to transgenic plants, particularly, elite events. Starting from today’s publication, interested parties will have 30 (thirty) days, i.e., until July […]

ANPD calls for contributions on international transfers of personal data

On May 18, 2022, the Brazilian National Data Protection Authority (ANPD) opened a call for contributions to collect inputs from society in regard to the regulation of international personal data transfers. The ANPD welcomes contributions to any of the questions listed below: ‍ 1) What are the current obstacles for companies to transfer data from […]

Brazilian Federal Medical Board regulates telemedicine

On May 5, 2022, the Brazilian version of US’s Federation of State Medical Boards, called the Federal Council of Medicine (CFM), published Rule #2,314/2022 to regulate telemedicine in the country. The new rule was highly anticipated, considering that until now the topic was regulated by CFM’s outdated Rule #1643/2002, which was reinstated after the CFM […]

The BRPTO’s recent publication on the examination of transgenic plants inventions – particularly, elite events – is suspended for Public Consultation

The BRPTO announced, in its Official gazette #2676, of April 19, 2022, that a Public Consultation will be held on the technical note BRPTO/CPAPD #01/2022, dated March 16, 2022, which provides guidelines on the examination of inventions related to transgenic plants, particularly, elite events. In this regard, the applicability of the aforementioned technical note, notably […]

BRPTO program addressing backlog upgraded to include applications filed after 2018

(BRPTO’s gazette of April 12, 2021) The BRPTO published on April 12, 2022, Ordinance #34/2022, which revokes Ordinance #21/2021, expanding the preliminary office action program to applications filed on or after January 1, 2018. The “preliminary office action” was created in 2019 as one of the BRPTO measures to reduce the patent backlog and pendency […]

Updates on the BRPTO’s requirements for the examination of inventions related to transgenic plants – particularly, elite events

The BRPTO published on its website the technical note BRPTO/CPAPD #01/2022, dated March 16, 2022, which provides guidelines on the examination of inventions related to transgenic plants, particularly, elite events – topics not covered by the examination guidelines for patent applications in the Biotechnology field currently in force (Normative Instruction #118/2020). In a nutshell, said […]

Brazil and France sign patent prosecution highway (PPH) agreement

The Brazilian and French PTOs signed, on March 15th, 2022, an agreement to expedite the examination of pending Brazilian applications. The agreement consists on implementing a PPH Pilot program between both Offices. The program will come into force on May 1st, 2022.

Brazil and France sign patent prosecution highway (PPH) agreement

(BRPTO’s website communication of March 16th, 2022) The Brazilian and French PTOs signed, on March 15th, 2022, an agreement to expedite the examination of pending Brazilian applications. The agreement consists on implementing a PPH Pilot program between both Offices. The program will come into force on May 1st, 2022. The BRPTO is currently expanding its […]

Constitutional Amendment that includes data protection as a fundamental right is enacted

This Thursday (February 10), the Brazilian Congress enacted the Proposal of Constitutional Amendment #17/2019, which turns data protection into an autonomous fundamental right, provided for in Article 5 of the Brazilian Constitution.

Constitutional Amendment that includes data protection as a fundamental right is enacted

This Thursday (February 10), the Brazilian Congress enacted the Proposal of Constitutional Amendment #17/2019, which turns data protection into an autonomous fundamental right, provided for in Article 5 of the Brazilian Constitution. The Amendment also establishes that legislating on the protection and processing of personal data is an exclusive attribution of the Federal Government. Said […]

Update on the term of protection of patents affected by the Supreme Court decision (ADI #5529)

The BRPTO published on February 8, a notice in its Official Gazette #2666 providing guidelines on the review of patent terms for patents claiming subject matter going beyond pharmaceutical arts and/or medical products/equipment for use in humans affected by the 2021 Supreme Court decision (ADI #5529).

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