UPDATE on December 24: The Brazilian PTO issued Ordinance Nº 26/2024, introducing critical updates to the Patent Prosecution Highway (PPH) program under Phase V, the so called Global PPH (GPPH) adhesion, set to begin on January 1, 2025. Among these changes is a restriction that excludes patents classified under IPC H04 (Telecommunications) from the PPH…
Software-driven innovations have become so embedded in our daily lives that almost every single activity we perform has some degree of interaction with them. The massive presence of software-related innovations in our lives is accompanied by an increasing number of patent filings therefor. According to the World Intellectual Property Organization (WIPO), in 2023, computer technologies…
On February 20, 2024, a Brazilian Congressman introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems. Bill #303/2024 proposes the addition of a paragraph to Article 6 of the IP Statute, which regulates ownership of inventions, with the following wording: “in the…
Divisional filings are one of the most controversial topics in patent prosecution in Brazil. The Patent Office (BRPTO) severely limits the ability of patent applicants to file divisionals. For instance, the BRPTO rejects divisionals filed after receiving a notice of allowance, after receiving a denial or during the appeal stage. Article 26 of the Brazilian…
