BPTO publishes a new edition of decisions on patent appeals.
The Brazilian Patent and Trademark Office (BPTO) published the fourth edition of the compilation of decisions on patent appeals, with 723 decisions rendered in 2020, which guide the technical positioning on patents. This is the first edition with decisions supported by the BPTO’s Board of Directors of Patents, Computer Software, and. Integrated Circuits Topography (DIRPA), in addition to those of the BPTO’s (...)
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BPTO’s operation on June 3 and 4, 2021 and extension of deadlines.
The Brazilian Patent and Trademark Office (BPTO) will be closed on June 3 and 4, 2021. The deadlines expiring on these dates will automatically be extended to June 7, 2021.
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STJ decides to maintain the Nebacimed mark as it is the syllable combination of its active ingredients.
The 4th Panel of the Superior Court of Justice (“STJ”) understood that evocative or suggestive marks can coexist with similar ones. When reforming the decision of the Federal High Court of the 2nd Region (“TRF-2”) that had determined the cancellation of the Nebacimed mark, the panel concluded that the coexistence of both marks – which refer to the active principle of the formula – would (...)
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BPTO publishes rules for the adjustment of the patents´ validity terms.
In line with the Supreme Court’s decision on ADI 5529 regarding the extinction of sole paragraph of Article 40 of the Brazilian IP Law based on unconstitutionality, and the subsequent modulation of the decision, published on May 14, 2021, which established the retroactive effect (ex tunc) to patents related to pharmaceutical products and processes and to equipment and/or materials for use (...)
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Brazilian PTO extends the period of public consultation to discuss examination and registration of position marks.
On May 11, 2021, the Brazilian Patent and Trademark Office (“INPI”) extended the period of public consultation on the examination of trademark applications for position marks for more 30 days. Interested parties may send their comments and/or suggestions to the email consultapublicamarcas@inpi.gov.br until June 12, 2021, through an electronic form. More information available in Portuguese at: https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/prorrogada-consulta-publica-sobre-exame-de-pedidos-de-marcas-de-posicao
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Supreme Federal Court declares unconstitutional wording of the BR Industrial Property Law that allowed the extension of the patent term.
The Supreme Federal Court (STF) decided, this Thursday (May 6th), for the unconstitutionality of the sole paragraph of article 40 of the Industrial Property Law (LPI), which provides for the proportional increase of the patent term if the Brazilian Patent and Trademark Office (BPTO) takes more than ten years to analyze applications for a patent (...)
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BPTO and SEBRAE sign cooperation agreement for stimulating the use of IP by small and medium enterprises.
On April 30, 2021, the Brazilian Patent and Trademark Office (BPTO) and the Brazilian Micro and Small Business Support Service (Sebrae) signed a cooperation agreement aiming at stimulating the use of Industrial Property (IP) by small businesses. The event took place in accordance with this year’s theme of World Intellectual Property Day, “IP & SMEs: Taking (...)
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Superior Court of Justice declares the nullilty of trademark registration for “Fogo Olímpico” due to lack of authorization from the Brazilian Olympic Committee (“COB”).
The 4th Panel of the Superior Court of Justice (“STJ”) annulled the trademark registration for “Fogo Olímpico”, which identified alcohol and ethyl alcohol1. The decision was rendered in a lawsuit filed by COB seeking the nullity of this registration based on its exclusive rights to use of Olympic symbols and expressions that allude to the Olympics. The lower court and the Federal Court of Appeals for the 2nd Region dismissed the (...)
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