A more reliable court system?

Andre Oliveira explains how Brazil is improving its processes for examining and litigating patents.

The recent outbreak of mass protests that took place in Brazil gave birth to several doubts as to the country’s capabilities of actually becoming a key player in the new economy. Infrastructure issues are the first ones to hit the news and their thorough analysis is crucial to better understand where we are really heading to. However, intellectual property protection is also a very good parameter to establish our real development pace.

According to recent numbers issued by the Brazilian Patent and Trademark Office (BPTO), patent filings have been strongly increasing over the last few years. While in 2006 approximately 24,000 patent applications were filed, in 2013 the number reached 33,000 – an increase of almost 40%. While the examination backlog is still a big issue, a recent law that made possible the hiring of approximately 475 new professionals to the BPTO’s patent department is also a major step in increasing the responsiveness and quality of the system. Among these professionals 365 places are for new examiners. When it comes to enforcement of patent rights in Brazil, a few changes have also made the IP owner’s life a little bit easier, although there are still challenges to be overcome.

Next, we will briefly discuss our procedural structure and court system in order to provide a clearer picture on how patent litigation stands in Brazil. Request a free trial to read more.

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