Latest developments on bills to amend the Brazilian Patent Statute
November 10, 2017

There are currently thirty-two (32) bills pending before the House of Representatives and nine (9) before the Senate that seek to amend the Brazilian Patent Statute (Law # 9,279, of May 14th, 1996). Although the overwhelming majority of these bills seek to limit patent rights, there are also a number of proposals in favor of applicants (for instance PLS 316/2013 that seeks to establish a maximum term of 180 days for the examination of trademarks and patent applications by the BRPTO. Just last month, the Rapporteur of the Committee on Science, Technology, Innovation and Computing, Senator Luiz Henrique, provided for the approval of Bill PLS 316/2013. According to Senator Luiz Henrique, the bill is now ready for consideration by the Committee. There have also been recent developments in respect of Bill PLS 689/2011. The bill seeks to amend the Patent Statute to exclude article 40’s sole paragraph (providing for a minimum of 10-year term of patent protection from grant). The Rapporteur of this bill has recently presented a favorable report for the approval of the project before the Committee on Economic Affairs. Despite these recent developments, the majority of bills are moving at a slow pace. At present, eight bills remain shelved.   If you have any questions or need additional information, please contact us at prevail@localhost/licks/site.

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