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’.
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…
It has been 1,5 years since the UPC opened its door. The novelty is wearing off as the UPC’s case law takes shape. This is a good moment to reflect a little more on another aspect of the UPC’s operation: the rules of conduct that UPC representatives have to follow. In general, the rules of…
The 2015 landmark decision by the Court of Justice of the European Union (CJEU) in Huawei/ZTE established a balanced framework for licensing standard essential patents (SEPs), striking a compromise between the interests of SEPs holders and implementers. The ruling notoriously clarified when SEP holders can seek injunctions without abusing their dominant market position. It stated…
In case you missed it, here are the main points from the EPO Boards of Appeal Case Law Conference 2024. As ever, this was a really interesting event with lots of high quality presentations. Above all, it is great to hear at first hand what the Board members themselves think of the hot topics at…
Co-authored by Rodrigo Mourao and Rhuan Quintanilha The global momentum behind 5G continues to build up as its adoption accelerates. At the 2024 Mobile World Congress (MWC) in Barcelona, GSMA Intelligence reported that, as of early 2024, “261 operators across 101 countries have launched commercial 5G services. The number of 5G connections worldwide reached 1.6…
