A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the holder of the patent. ‘Invention’ means a solution to a specific problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time, generally 20 years. In a number of countries, inventions are also protectable through registration of a ‘utility model’ or ‘short-term patent’.
*Also co-authored by Tatiana Costa (PhD). For centuries, humans have unknowingly used natural microbial consortia to transform raw materials into valuable products. Long before the identification of microorganisms, these complex microbial communities played a crucial role in food and beverage production (e.g., beer, wine, cheese, and bread), soil fertility, and even early medicinal preparations. As…
A recent reform of the Spanish Civil Procedure Act will introduce what the Recitals of Organic Law 1/2015 (“the Law”) call “other adequate means of dispute resolution in the non-jurisdictional route, as an indispensable measure for the consolidation of a sustainable public justice service” (according to the Spanish acronym, “MASC”). Recital IV of the Law…
One critical factor in developing generative AI is access to a large amount of well-structured data. As such, the EPO is sitting on a goldmine when it comes to AI tools for patent law. I was therefore excited to hear about the recent launch of the EPO’s “legal interactive platform“, which provides information about patent…
In another standard essential patents (SEPs) case from the Unified Patent Court (UPC), on 18 December 2024 the Munich Local Division (LD) issued an injunction in favour of Huawei (UPC_CFI_9/2023, available in German here). The order prohibited Netgear from selling Wi-Fi 6 routers in Belgium, Germany, Italy, Finland, France, and Sweden. Netgear is also required…
Last Tuesday, the big news in the patent world was of course that the UPC’s Court of First Instance (CFI), Düsseldorf Division, in case 355/2023, found that if the defendant is domiciled in a Contracting Member State (in the case at hand, Germany), the UPC has jurisdiction to hear the infringement action in respect of…
In 2024, the Brazilian Patent and Trademark Office (BRPTO) introduced pivotal changes to the appeal stage. Appeals has long been critical for applicants seeking to overturn unfavorable first-instance decisions. Historically, examiners at the appellate level have had to correct procedural inconsistencies from first instance, leading to prolonged delays—often exceeding two years for final decisions—that undermine…
The Brazilian agricultural sector has long been a driving force in the global economy, contributing significantly to international and domestic markets. In 2022, for instance, Brazil was the world’s fourth largest grain producer and second largest exporter, and in 2024, agribusiness products accounted for almost half of the country’s total exports. Innovation plays a pivotal…
The festive period normally leads to a slight slow-down in work in Europe and as such, it can provide the opportunity to catch up on wider reading as well as to grab a little rest. In between the years 2024/5, I read Parts 1 and 2 of an interesting three-part article in EPI Information by…
It’s this time of the year again – merry Christmas, happy holidays and/or best wishes for whatever you are celebrating next week. This year’s Christmas present comes from the CJEU and is specifically directed to the SPC Community. It’s the decision in the joint cases C-119/22 and C-149/22. The decision has every potential to bring…
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…
