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Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions
Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
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Bill Proposing PTA For BRPTO Delays Advances In Brazilian Congress
The Brazilian House of Representatives is considering legislation that would introduce a Patent Term Adjustment mechanism to compensate patent holders for administrative delays at the Brazilian Patent and Trademark Office. The proposed framework establishes specific time limits for examination actions and would extend patent terms by one day for each day of unjustified delay attributable to the Office, with a maximum extension of five years.
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BRPTO Announces Collaborative Examination Program With INDECOPI
The Brazilian Patent and Trademark Office (BRPTO) and Peru's INDECOPI have launched a collaborative examination initiative for patent applications in pharmaceuticals, biotechnology, and natural products. This partnership, formalized through a 2025 Bilateral Cooperation Memorandum, will provide expedited technical examination for qualifying PCT applications that entered the national phase between October 2022 and July 2023.
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The Patent Enforcement Economy Is Leaving Inventors Behind/ IPWatchdog Unleashed
The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. This examination explores how litigation costs ranging from $12-20 million, combined with delay tactics and limited injunctive relief, have transformed infringement into an economically rational strategy even when patents are strong.
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Divisional Patent Practice In Brazil: Analysis Of A Developing Landscape
Brazilian courts have fundamentally transformed divisional patent practice through a series of landmark rulings that challenged the Brazilian Patent and Trademark Office's restrictive administrative rules. Four influential cases from the Federal Court for the Second Circuit established that applicants can file divisional patent applications at the appellate level, not just during first-level examination, creating a more predictable legal framework for patent prosecution in Brazil.
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To Have Or Not To Have A Patent Term Adjustment Mechanism? Why The BRPTO’s “No” Is An Argument For “Yes” (Video)
Brazil's patent office opposes proposals to introduce Patent Term Adjustment (PTA) mechanisms that would compensate inventors for examination delays, despite similar systems operating successfully in major patent offices worldwide. The debate centers on whether Brazil should adopt international best practices to protect patent holders from administrative delays, even as the office's own data reveals declining decision volumes and persistent cases of unreasonable processing times.
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A High-Leverage And Reliable Jurisdiction For Chinese Patent Owners
China and Brazil's fifty-year diplomatic relationship has evolved into a strategic partnership where Chinese technology companies find a uniquely favorable patent enforcement environment. How does Brazil's unified federal patent system, high allowance rates for Chinese applicants, and effective standard-essential patent enforcement mechanisms position the country as a critical jurisdiction for Chinese innovators operating in telecommunications, automotive, and digital platforms?
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