AttendanceCall now and ask your questions with our professional 51 3323 9999 firstname.lastname@example.org
We offer a complete solution in several areas of this matter. Please, see how we may protect your inovations or the innovative products and services of your clients.
Guerra law services are based in our specialization and reliability.We are able to solve the most different demands in this area contributing with the success of your business.
Pharma and agrochemical patents filed in Brazil from 1995 to 1997 may become invalid
The Brazilian Patent Office has just released the news that its Attorney Office filed thirty-four (34) lawsuits aimed to correct the validity term of two hundred and forty-seven (247) filed in Brazil during the period from January 1995 and May 1997.
These patents (known as “mail box” patent applications) were filed based on the provisions of the TRIPs agreement and also on the provisions of the Brazilian Patent Law of 1996. Article 229 of the Patent Law was amended on February 14, 2001 to include a “Sole Paragraph” referring specifically to the validity term of such patents once granted.
According to the Attorney Office of the Brazilian Patent Office’s interpretation, the added Sole Paragraph of Article 229 excluded application of the “minimum validity term” protection (as foreseen in Sole Paragraph of Article 40, of the Patent Law) to the “mailbox” patents, which should be valid for the regular period of twenty (20) years counted from the filing date (or the date of the oldest priority).
Because, allegedly these two hundred and forty-seven (247) patents were granted for the “minimum validity term” of ten (10) years counted of their granting dates, the Attorney Office of the Brazilian Patent Office filed the lawsuits pleading to either correct their validity terms or annul their granting.
A list of the granted patents against which the lawsuits were filed is available and the foreign owners of the patents will be summoned through their attorneys empowered in Brazil to handle the patent case.
Should you wish to receive more information about this matter, please feel free to contact us.
Brazilian Regional Holiday
Due to the Brazilian Regional holiday of the Farroupilha Revolution our Porto Alegre office will be closed in September 20th.
If you have any urgent matter please contact us by e-mail: email@example.com
Our Rio de Janeiro's office will work normally.