Starting this week (August 1, 2023), Brazil will join the World Intellectual Property Organization’s (WIPO) Digital Access Service for Priority Documents (DAS) as an accessing office specifically for industrial designs.
As a result, the Brazilian National Institute of Industrial Property (INPI) will begin accepting WIPO-DAS codes to access official priority documents related to industrial design registrations.
Consequently, when making a registration request, applicants will need to provide the claimed priority number and its corresponding DAS code.
These documents should include the identification number, date of deposit, and visual representations of the industrial designs. Applicants will have a 90-day window from the deposit date to submit the WIPO-DAS code.
By submitting valid priority documentation through the WIPO-DAS code, it will be assumed that the application filed in Brazil is accurately reflected in the original document, eliminating the need for a simple translation of the priority document.
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Advogado(a) autor(a) do comentário: Juliana Kaomy Mikado
The World Intellectual Property Organization (WIPO) released last year’s statistics for the Patent Cooperation Treaty (PCT), the Madrid Agreement and the Hague System.
According to the WIPOs publication, there has been a record increase in demand for protection of patentable products and processes in the last year, with a total of 278,100 new patent applications. The increase was 0.3% compared to the previous number.
Among all the countries that used the Patent Cooperation Treaty system, there was a 25% increase in applications filed in India, followed by South Korea, with the number of 6.2% more applications than in the previous year.
According to WIPO, the number of designs included in international applications in the Hague System for the International Registration of Industrial Designs increased by 11.2% in 2022, with a total of 25,028 registrations. In this system, Germany ranks first (with 4,909 drawings registered), followed by China (2,558), Italy (2,414), United States (2,412) and Switzerland (2,178 drawings).
Today, Brazil occupies the 61st position, having presented only one project in 2022. It should be noted that much of this increase is due to the fact that on February 2023, Brazil officially joined the Hague Convention for the International Registration of Industrial Designs. With its accession, Brazil will become the second Latin American country (after Mexico) and the 79th member to adhere to the Convention.
After all, what is the logical conclusion that we can reach with these numbers?
These numbers clearly demonstrates that even with the world economy facing a delicate moment, in which much is said about a globalized economic recession, what we saw in the last year is that more and more companies are concerned with protecting the products and processes resulting from their research and development.
If you are interested in protecting an invention as a patent, or extending the protection of your patent/industrial design application to other countries of interest, count with Peduti!
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Author: Bruno Arminio and Cesar Peduti Filho, Peduti Advogados.
The Brazilian Patent and Trademark Office – BPTO has recentlypublished a new study about biotechnology patents in Brazil, analysing the deposits in which it was deposited biological material.
The study shows the panorama of the deposits of biotechnology patents in Brazil between 2010 and 2016.
The Biotechnology can be applied, for example, on therapeutic proteins, probiotics, immunologic medicaments, vaccines, plagues control, biofertilization, biofuels, biosensors and plant genetic improvement.
Since it is necessary a description of the patent’s object for the concession of any patent, the depositors of biotechnology patents also need to deposit the biologic material alive at an authorized institution. There are some kinds of biological material able to be deposited, as DNA or protein sequence listing, bacterial strains, yeast strains, fungus strains, protozoal strains and cell lineage.
Fonte: API
During this period, the researchers have found 1.583 deposits of biotechnology patents in Brazil. Among the principal kinds of deposit, from all those biological material deposits, 682 were microorganisms, 386 for medicaments and 332 sub products of fermentation. The five principal depositors were Brazilian universities, being the Federal University of Minas Gerais the top depositor, with 154 deposits, the University of São Paulo the second, with 117 deposits, and the University of Campinas the third, with 71 deposits. Regarding the geographical distribution, the principal region of origin of the deposits is the Southeast Region, with 899 deposits, where are located the three biggest metropolitan areas and the three principal depositors, while the North Region, where the Amazonian forest is located, has only 30 deposits.
It is also important verify that only 2,15 % of the deposits had its biological materials also deposited at International Depositary Authorities, probably as a consequence of the fact that Brazil has not signed the Budapest Treaty yet.
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is administered by the World Intellectual Property Organization (WIPO). According the Budapest Treaty, the deposits of biologic material can be made at an authorized international depositary authority, what make easier for the deposit of a biotechnology patent in other country.
The study will certainly help the Brazilian authorities to analyse the need for Brazil to sign the Budapest Treaty.
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Lawyer Author of the Comment: Rodrigo Britto de Albergaria Source Headline: “Novo radar tecnológico mapeia patentes de biotecnologia e material biológico”
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.” “Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”
