Welcome Patent Term Restoration!

July 14, 2022

Welcome Patent Term Restoration!

Bill by House Representative Alexis Fonteyne aims to modernize the Brazilian patent system, correcting flaws and problems of the last 25 years: in addition to implementing the decisions of the Supreme Court (STF), it demonstrates concern with the sovereignty of the Brazilian Judiciary in the exercise of jurisdiction in national territory.

House Representative Alexis Fonteyne (NOVO-SP), President of the “Parliamentary Front for a Competitive Brazil”, presented this Thursday (Jul/14) Bill #2,056.

Bill #2,056 amends Statute # 5,648/70, which created the Brazilian Patent and Trademark Office (BRPTO), as well as Statute # 9,279/96 (Brazilian Industrial Property Statute), which regulates the rights and obligations related to industrial property, aiming four objectives: to promote the best management and governance practices of the BRPTO; to implement the determinations related to the Supreme Court final decision rendered in the Unconstitutionality Action #5529 of 2021 regarding patent terms; to modernize the processing of patent applications before the BRPTO and to make the criminal protection system for inventors and their inventions more effective.

The measures suggested by the bill aim the modernization of the Brazilian patent system, providing greater legal certainty for investments in technology and innovation in Brazil. Part of them was inspired by the measures already adopted by some of the largest patent offices in the world, such as the United States Patents and Trademarks Office (USPTO), the European Patent Office (EPO) and the Japanese Patents Office (JPO).

This initiative – which is in line with the Intellectual Property National Strategy and to the guidelines to increase the efficiency of the public sector, established by Federal Decree #9,203/2017, aims to place the country at the forefront among the most industrialized nations, reducing bureaucracy for those who seek to undertake, innovate and generate jobs, stimulating Brazil’s economic and social development.

The English version of Bill 2,056 of 2022 can be downloaded from Licks Attorneys’ website here.