Brazilian_Patent_Reform

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69 not truly innovative, at the risk of the patent being invalid and unconstitutional otherwise; and b.2.4) apply with due rigor the non-obviousness requirement, so that frivolous patents in the health field are not granted, in order to encourage sequential or incremental innovation.
70 Estudos Estratégicos brazil's patent reform: innovation towards national competitiveness 3. pre-grant opposition The Brazilian Patent Act presently allows third parties to question a patent, either by judicial or administrative means, after it is granted. However, in regard to the participation of third parties before a patent is granted, the legislation only provides for the mechanism of presenting “input for examination”, a feeble effort in comparison to other mechanisms such as, for instance, pre-grant opposition. renowned studies reCommend pre-grant opposition Professors from harvard and Brandeis Universities Josh Lerner and Adam Jaffe recommend the creation of a pre-grant opposition system in their country. 119 The CIPR Report from the government of the United Kingdom makes the same suggestion. 120 119120 After being granted, patents can be rendered invalid or void before an invalidation action in court. The Brazilian Patent Act provides the chance for any person with legitimate interest to file for an ingringement action questioning the validity of a granted patent at any time during its term (Article 56 of the Patent Act). Legal suits are, however, usually costly and morose and, while there is no definitive decision, the patent holder still enjoys, in practice, the rights afforded by the patent. Furthermore, well-trained and very expensive lawyers are certainly more accessible to multinational companies, while independent researchers, universities and smaller scale national companies do not enjoy that same privilege, consequently leaving the latter group in a disadvantageous position in comparison to the former. india and China adopt pre-grant opposition An option that countries can adopt to improve patent quality and decrease the financial and social costs of a long law suit of patent invalidation is to allow for patent opposition in the administrative scope, as in fact India and Chine opted for in 2005 and 2008, respectively. 121 Note that, in India, opposition can happen at any time, even before the patent is granted. 121 119 see adam b. Jaffe and Josh lerner, Innovation and Its Discontents – How our Broken Patent System is Endangering Innovation and Progress, and What to Do About it, princeton, 2004, pp. 180-183. 120 Commission on intelleCtual property rights. Integrating intellectual property rights and developing policy, Report of the Commission on intellectual property rights, london, uK 2002. 121 art. 25(1) of the india patent act, of 1970, reviewed in 2005.
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Center for Strategic Studies and De
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Chamber of Deputies 54th Legislatur
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Center for Strategic Studies and De
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CONTENTS Introduction by the Presid
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8.2 Restriction to patent applicati
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Brazilian_Patent_Reform

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