News

The end of the minimum patent term in Brazil – Consequences of the recent Supreme Court decision and how applicants shall manage their patent portfolio in Brazil in this new scenario

Due to the recent decision of the Brazilian Supreme Court, the Brazilian PTO is no longer authorized to automatically grant patents with an adjusted term of protection in order to compensate the delay during the examination proceedings caused by the Brazilian PTO.

Accordingly, the minimum term of 10 years counted from the grant decision for patents of invention and 7 years for patents of utility model are no longer applicable. The term of protection is now restricted to 20 years counted from the filing date for patents of invention and 15 years for patents of utility model.

Such decision has affected granted patents for specific technologies, such as pharma related inventions, but may also affect applicants whose patent applications are pending for several years.

The objective of this webinar is to raise awareness of the tools available at the PTO so as to expedite examination as well as the judicial measures.

SPEAKERS:

Claudio Castanheira
General Manager
ClarkeModet Brazil

During his doctorate developed projects that allowed him to acquire knowledge of patentability processes and requirements in Europe, producing a patent application for his own invention. He has extensive professional experience in strategic and operational consultancy in highly recognized companies. It stands out for its 7 years of professional experience in McKinsey, in particular in the practice of Oil & Gas and Climate Change. Before taking over the General Management of ClarkeModet Brasil, he was part of the strategic consulting team\’s leadership at Schlumberger and supported the company\’s Shared Services Model Transformation program on a global level.

Education

Telecommunications Engineer with a Master\’s Degree in Telecommunications Systems from the Pontifical Catholic University of Rio de Janeiro. PhD in Electronic Engineering from University College London.

Ricardo Boclin
Technical and Legal Service Manager
ClarkeModet Brazil

Professional experience of more than 20 years in the Intellectual Property area. Having as main focuses the areas of atent processing and industrial designs. The most recent practice areas are consultancy in matters related to Intellectual Property, business development and client portfolio management and processing of patents and industrial designs.

Education

Licenciado en Derecho por la Universidade Estácio de Sá y en Ingeniería Mecánica por la PUC-RJ. Miembro de AIPPI, ABPI, ANPEI, INTA, OAB-RJ y CREA-RJ.