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’.
The refusal to grant a licence for intellectual property (IP) rights can sometimes conflict with competition law. This topic has already been explored in the case law of national courts and the Court of Justice of the European Union, most notably in the landmark case IMS Health (C418/01) of 29 April 2004. Such refusal has…
The Russian Patent Office (Rospatent) has introduced new provisions relating to the assessment of patentability of “use” inventions. Background On September 27, 2024, the Russian Ministry of Economic Development issued Order No. 610, which came into effect on November 10, 2024 (hereinafter – the Order). The Order supplemented provisions on analyzing the patentability of inventions…
Intellectual property is one of the most valuable assets a business can own. Companies that actively protect and manage IP portfolios can secure stronger market positions, higher valuations, and long-term financial stability. Recent data from the Brazilian Patent and Trademark Office (Instituto Nacional da Propriedade Industrial – INPI), in collaboration with the European Union Intellectual…
*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…
