Newsletter 2012.02 – Law-suits to accelerate the examination of trademark or patent applications

In view of the slow pace of the Brazilian Trademark and Patent Office (BPTO) and the National Health Surveillance Agency (ANVISA) on the analysis of trademark and patent applications, over the last few years there has been a significant increase in the number of judicial cases seeking the acceleration of the examination of such applications.

In fact, several court decisions have ruled that if the application is pending for a long time before the BPTO or ANVISA, it is possible to file a writ of mandamus to redress an unreasonable delay.