In Articles

Daniel Adensohn de Souza

The next years promise to be a remarkable for the owners of Industrial Property rights concerned to protect them in Brazil. First of all, after became available the trademark e-filing system and patent e-filing system, the Brazilian Patent and Trademark Office has finally adopted a software and contracts e-filing system.

The Brazilian PTO is taking some steps in order to make possible the e-filing of applications related to all IP Rights, providing more convenient service for the public. In this regard, the Brazilian Government has hired new examiners, established a protocol with European Patent Office in order to access the EPOC database and train the Brazilian examiners, as well as has launched a Patent Prosecution Highway (PPH) pilot program with EPO (European Patent Office), USPTO (United States Patent Office), JPO (Japan Patent Office) and, more recently, PROSUL (Patent Offices from Argentina, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru and Uruguay). It is an important step to enable work-sharing and accelerate patent prosecution, with the aim of improving the global IP system, supporting applicants and encouraging innovation.

Therefore, the time of examination is slowly decreasing and the quantity of patent application examined is growing.

The efforts of the Brazilian PTO were recognized by the international community and the Brazilian PTO is an International Search Authority for the Patent Cooperation Treaty, in as much as able to conduct the International Preliminary Examination. The Brazil is the first Latin America country admitted as ISA.

With regard to trademarks, the Brazilian Government has decided joint to Madrid Protocol, which deals with international trademark registrations. In other words, in the next year the National Congress will probably analyze the matter. Certainly, a several modifications in our law must be carried out to implement the Protocol, because our Federal Constitution determines the use of Portuguese language in all procedures, the same rights for the foreigners and nationals, the current Industrial Property Law does not permit a multiclass application, among others. Therefore, our law must be harmonized to Madrid Protocol regulations.

Meanwhile, the Brazilian PTO is being prepared to receive the international applications, in order to make it possible. So, examiners were hired, a new directive of examination will be providing, as well as the Brazilian PTO has adopted an electronic Gazette and, as said, the trademark e-filing system was implemented.

All these measures aim to reduce the time frame to grant a registration. Nowadays, a smooth application is examined around 24 months. A few years ago the Brazilian PTO used to expend 30-36 months to grant a registration.

As we see, the protection and enforcement of IP rights are a priority of the Brazilian Government, reason for which the PTO is being modernized and our legal system is constantly improved.

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