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USTR Special 301 Report
By Dannemann Siemsen
The 2024 Special 301 Report from the Office of the United States Trade Representative (USTR) indicates significant delays within the Brazilian patent system, with average processing times approaching seven years for most applications and exceeding nine years for pharmaceutical patents. These prolonged timelines not only diminish the effective life of patents but may also contribute to considerable delays in market entry.
Although the Brazilian PTO has changed its patent examination practices and the patent backlog has decreased significantly, it seems that some stakeholders believe that there is still room for improvement.
Fortunately, Brazil does provide fast-track examination pathways that can significantly expedite processing for important applications.
While the overall backlog poses a challenge, proactive strategic planning can help mitigate these risks. Our team has extensive experience in identifying cases suitable for expedited processing and in navigating the requirements of these alternative pathways.
Additionally, the report raises concerns about inadequate protection against the unfair commercial use of undisclosed test data, a particularly pressing issue for pharmaceutical companies.
These updates can potentially impact on companies IP portfolio and demands a review in current strategies and explore options for optimizing IP protection in Brazil.
Dannemann Siemsen
Recognised as leaders in Intellectual Property in Latin America, we are a team of experts who has been dedicated to defending industrial and intellectual property since 1900. We operate throughout the world, encompassing first-rate civil and criminal advocacy, covering diverse areas of Law and all segments of industry. We are partners of large national and international companies.
Today we have offices in three Brazilian state capitals and we have gathered a team of practitioners that lead in knowledge of intellectual property, litigation, contracts and other areas of Law.
This allows us to advise our clients in the main legal proceedings, making us a strategic partner in the pursuit of innovation and knowledge.
We have more than 280 lawyers and an extensive team of Industrial Property Agents – an experienced and specialised technical team that is kept up-to-date with the transformations and demands of the market.
We are the support for innovation and knowledge.
We live in a dynamic world, where knowledge is decisive for any company to stand out in the market. We believe in the value of human capital and in creativity as a source of innovation.
With more than a century of experience and a wide range of services, we are proud to be the foundation for our clients to seek innovative and disruptive paths.