Brazil Becoming the Mecca for Patent Enforcement & Chief IP Counsel Seeking Valuable Patents

Clause 8

Clause 8 Podcast Show Notes

Rob Rodriguez and Tatiana Alves - Brazil’s go-to attorneys for strong patent protection and effective enforcement - join Eli to talk about founding RNA Law and offer insider perspectives on successfully navigating the Brazilian patent system.

Rob discusses how Brazil’s large market size and the predictability of obtaining injunctions is attracting foreign businesses looking for robust patent protection. He also talks about how Brazil is becoming an even more favorable venue for patent litigation because, with more cases being filed, the knowledge level of judges and the predictability of court rulings are also improving.

The discussion also provides a comprehensive overview of:

* the examination process at the Brazilian patent office,

* the possibility of leveraging European and US patent grants for faster approval,

* opposition proceedings,

* the nuances of securing injunctions, and

* pursuing patent protection in Brazil as part of a broader global IP strategy.

**Bonus segment at the end: Eli ruminates on the founding of RNA Law coinciding with the rising significance of patents in Brazil. He then discusses the related trend of sophisticated chief patent counsel focusing on obtaining valuable patents that actually meet their companies’ strategic goals in the US.

Selected Takeaways:

* Integrated legal-technical strategies significantly enhance the success rate in patent litigation within Brazil.

* The Brazilian patent office is becoming more efficient, though the examination process can still be lengthy, particularly in the telecom sector.

* Pharma patent applications face more scrutiny in Brazil but that can be navigated effectively with the right strategy.

* Obtaining injunctions - including ex-parte injunctions - in Brazil is feasible and can be a powerful tool in patent enforcement, though it is highly dependent on the specifics of each case.

Notable, Quotable

"Judges in Brazil are very much concerned about getting it right. They understand the importance of patents for innovation." – Rob Rodriguez

"The biggest expense for a company in obtaining a patent is actually asking for their inventors’ time." – Eli

Resources:

* RNA Law Website

* Voice of IP on launch of RNA Law

To explore these insights and leverage them for your IP strategy, don’t miss the full episode.

Disclaimer

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com