"Building a Predictable, Stable Patent System in Brazil" by Mark F. Schultz and Philip Stevens
 

Building a Predictable, Stable Patent System in Brazil

Document Type

Article

Publication Date

2022

Abstract

As Brazil looks to boost growth after Covid, knowledge-based industries will be key. These industries rely on intellectual property rights, especially a predictable and efficient patent system. But a recent decision by the Supreme Court eliminating a key provision in Brazil’s National Patent Law that gave all patent holders a critical safeguard against unreasonable patent examination delays, will weaken an already challenging IP environment. Following this court decision, there are a number of reforms Brazil can easily implement to put its patent system back on track. These include more worksharing agreements with other countries’ patent offices and outsourcing of prior art searches, and mechanisms to restore patent life lost to bureaucratic delays in patent examination – so-called Patent Term Adjustment. Such reforms will ensure that Brazil can continue its transition to a knowledge-based, high-income economy,

Publication Title

Geneva Network

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