Rob Rodrigues

Judges deciding patent matters in Brazil usually have none to limited technical background. In view of the complexity of patent cases, it is often that we see judges appointing a court examiner, as…

In Brazil amendments to claims are possible if the patent applicant can show the changes are limited to the matter initially disclosed in the patent application (Article 32 of Patent Statute 9,279 of…

In what will be seen as a welcome development to IP owners, the Brazilian Patent Office (BRPTO) is improving the system to record IP agreements. More specifically, on 11 July 2023, the BRPTO…

The Brazilian PTO (BRPTO) released, on July 20, 2023, the report “5G Technology: Patent overview in the World and in Brazil”, with an overview of 5G Standard Essential Patent (SEP) applications. It…

A recent decision issued by the federal district court could impact medical use patents in Brazil. In an invalidity lawsuit filed by the Brazilian affiliate of Sun Pharma against Boehringer Ingelheim…

The Brazilian Patent Statute (Law #9,279/96) does not explicitly prohibit double patenting per se.  However, as shown in the statistics set out below, the BRPTO regularly considers double patenting. …

Brazilian courts and the patent office (BRPTO) are evolving in the evaluation of process claims. Key decisions on both forums are showing how effective those claims can be to protect products in the…

The Brazilian Patent Statute (Federal Law #9,279/96) establishes that foreign applicants must appoint and maintain a representative in Brazil for each patent application filed with the Brazilian…

The Brazilian healthcare legislation establishes in the legal definitions of generic drugs (article 3, items XX and XXI, Statute #6,360 of 1976[1]) that their labels must have all and the same…