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’.
We have long meant to write something about the need, or the lack thereof, for adapting the description to amended claims. The announcement in the second preliminary opinion of Technical Board of Appeal (TBA) 3.3.04 in T 56/21, suggesting a referral of this question to the Enlarged Board of Appeal, combined with the sole appellant’s…
Despite the availability of therapeutic options that extend life expectancy, cancer remains one of the leading causes of death worldwide. A key reason for this persistently high mortality rate is the limited effectiveness of conventional treatments in overcoming acquired tumor resistance. Therefore, there is a long felt need for new treatment solutions that continues to…
NO INFRINGEMENT OF RIVAROXABAN DOSAGE FREQUENCY PATENT – DANISH COURT REJECTS BAYER’S APPLICATION FOR PRELIMINARY IN-JUNCTION1. SummaryOn 9 October 2024, the Maritime and Commercial Court rendered its decision not to grant Bayer’s applications for interim measures against four generics — Sandoz, Glenmark, and Stada — based on EP 1 845 961 (“EP 961”).Teva was originally…
Rapporteur’s Opinion proposes substitute text and recommends approval In February 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), 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, if approved, would allow patenting autonomously generated…
Brazil is an increasingly relevant venue for litigation involving standard essential patents (SEPs). As a top-5 market in the world for consumer electronics and the most performing economy in Latin America, Brazil is indeed an important country for players in tech. Think of X (formerly “Twitter”), which has recently been banned in Brazil for failing…
The recently released judgment in J1/24 (relating to EP 3660979B1), from the Legal Board of Appeal at the European Patent Office (EPO) is a divisive judgment, which could potentially have far-reaching implications. Existing legislation ignored/overturned by J1/24 The European Patent Convention is clear that a divisional application must be filed from a pending parent application,…
As one of the most biodiverse countries in the world, Brazil has long been a natural research powerhouse. In fields such as pharmaceuticals, it is common to study the genome of plants, animals and microorganisms, applying this knowledge to create new products and processes that may be eligible for patent protection. As an example, in…
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…
The BRPTO published on August 28, 2024, Appeal Board Ordinance #4, a rule intended to provide internal guidelines for the examiners responsible for analyzing appeals of patent applications, the so called “second instance” in Brazil. This Ordinance brings structured and standardized procedures that the examiners shall observe when analyzing appeals briefs ensuring consistency, transparency and…
This is part II of an open letter directed to the President of the EPO in his capacity to give directions on the composition of Opposition Divisions. Article 19 EPC explicitly permits the Primary Examiner to be member of an Opposition Division. Many applicants and representatives, however, have a feeling of bias in favour of…
