Brazil, Double Patenting, Legislation

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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.  This is based on the BRPTO’s interpretation of Article 6 of the Patent Statute (as set out below).  In particular, the BRPTO interprets Article 6 as…

Brazil, Case Law, Novelty

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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 country. BRPTO’s Rule #124/2013 (items 3.60 and 3.61) and Rule #169/2016 (item 4.17) set forth that product-by-process claims are allowable as long…