Patent and trademark backlog in Brazil – Court Orders Brazilian Patent and Trademark Office to decide old cases

Posted on: 7/8/2017

Patent and trademark backlog in Brazil

It is an old question in Brazil, how to cope with patent and trademark applications which have been pending before the BPTO for a long time. Currently, it takes over 10 years (from the filing of the application) for the patent examination to begin.
Recently, some Federal Courts of First Instance and Federal Court of Appeals for the Second Circuit have granted orders to the PTO to immediatly proceed with the examination and decision of long pending applications based on article 5, LXXVIII, of the Federal Constitution, which guarantees a reasonable term for decision of administrative proceedings.  A few decisions were contrary to granting an injunction.
Nevertheless, we believe that for cases of interest it may be worthwhile to take the matter to Courts in an attempt to speed up the examination with the possiblity of obtaining preliminary injunctions.
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