Using the courts to tackle excessive delays at the Brazilian PTO

By Ana Paula Affonso Brito

The Brazilian courts have handed down a number of positive decisions for rights holders, mitigating the impact of lengthy delays at the Brazilian Patent and Trademark Office

Excessive delays at the Brazilian Patent and Trademark Office (BPTO) in the processing of patent and trademark applications, appeals, assignments and oppositions have led to uproar among applicants – understandably, given that some have been waiting decades (sometimes even longer) for matters to conclude. However, there are signs that the situation may be about to change.

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Issue 72