Renewed hope for the patent system


Otto Licks and Judge Liliane Roriz

The Brazilian patent and trademark office is notorious for its backlog and the slow pace at which it operates. Despite its receiving only a small number of applications, a first decision there takes at least a decade.

It has always been like that, undermining the Brazilian patent system.

One of the few compensations is that patents, if and when granted, have a ten-year term from the date of grant. This is specifically established by Article 40 of the Brazilian patent statute.

If patent applications were examined more quickly, the section would be irrelevant, because the standard patent term is 20 years from filing, laid down in the same section of the statute. Thus, but for the current Brazilian administration, the statutory patent term of ten years from grant would never be seen.

patent applications, INPI, patent law, TRIPS