By Priscila Mayumi Kashiwabara
8 de February de 2022
News on apostille of letters-patent retroactively affected by the Direct Plea of Unconstitutionality 5,529
On February 8th, 2022, the Brazilian Patent Office reported the decision to apostille letters-patent when the patent protects subject-matter going beyond the limits of the pharmaceutical area and/or health products/equipment for application in humans.
When the patent concomitantly encompasses subject-matter related to the pharmaceutical area and/or health products/equipment for application in humans and others not related to these technical areas, the apostille will take place as follows:
- For patents granted with the 10-year term counted as from their granting, the BPTO will maintain this term of protection, except for the subject-matter related to the pharmaceutical area and/or health products/equipment for use in humans, term of which will be 20 years counted as from their filing date;
. - The letter-patent will be rectified to include the apostille through the publication of the dispatch 16.3;
.. - The BPTO will produce an internal document justifying the rectification made. Said document will not be made publicly available, but it may be provided to interested parties upon request to the BPTO;
. - The extinction will be published taking into account the longest patent term, albeit part of the subject-matter related to pharmaceutical products and health products/equipment for application in humans will have its extinction before this date, as apostilled in the letter-patent;
. - Annuities must be paid considering the longest patent term.
.
In case you need further information on this topic, we are at your disposal by means of email: mail@kasznarleonardos.com.
Last by Priscila Mayumi Kashiwabara
17 de June de 2025
Brazil Ratifies the Budapest Treaty: A Strategic Step to Strengthen Biotechnological Innovation
On June 11th, 2025, the Brazilian Senate approved Legislative Decree No. 466/2022, ratifying Brazil’s accession to the Budapest Treaty on the International … Brazil Ratifies the Budapest Treaty: A Strategic Step to Strengthen Biotechnological Innovation
29 de May de 2025
Kasznar Leonardos was ranked on IAM Patent 1000
We are proud to announce that we have been ranked in the IAM Patent 1000 2025, a specialized ranking in the field … Kasznar Leonardos was ranked on IAM Patent 1000
15 de April de 2025
Federal Senate approves Bill Extending Plant Variety Protection Term, but Chamber of Deputies Approval is Still Required
The Federal Senate has approved a bill (PLS nº 404/2018) that extends the protection period for new plant varieties (cultivars). According to … Federal Senate approves Bill Extending Plant Variety Protection Term, but Chamber of Deputies Approval is Still Required