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By Gabriel Francisco Leonardos

Newsletter 2014.06 – The ongoing mass extinction of patents in Brazil: the war against the restoration of patents with annuities in arrears

As we informed in our Newsletter # 2, dated January 2014, in October 2013, the Brazilian Patent Office (“INPI”) enacted Resolution No. 113 to regulate the control of the payment of annuities by patent and patent application owners. Immediately, the Resolution triggered strong reactions from patentees and patent attorneys, in view of its item 13, which contradicts Sections 86 and 87 of the country’s Industrial Property Act (Law No. 9,279/96). It is estimated that such contradiction may have jeopardized the rights of applicants and patentees over almost 10,000 issued patents and 2,300 patent applications.

According to the IP Act, failure to pay annuities shall lead to the shelving of the application or the extinction of the patent (article 86). However, Section 87 allows the restoration of the application or of the patent upon request of the corresponding owner within 3 (three) months from the moment the INPI publishes the notification of shelving or extinction.

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Last by Gabriel Francisco Leonardos

September 3, 2021

The Covid-19 pandemic triggered the issuance of new compulsory license rules for patents in Brazil

On Sept. 2nd, 2021, Law No 14,200 was enacted to amend the Brazilian Patent & Trademark Act (BPTA) in order to change The Covid-19 pandemic triggered the issuance of new compulsory license rules for patents in Brazil

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August 27, 2021

The Brazilian FDA will no longer examine pharmaceutical patent applications

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June 24, 2021

Text of the Business Environment Bill is approved by the Chamber of Representatives, and it ends the prior approval for pharmaceutical patents, in addition to bringing relevant changes to trade names

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