Login or sign up: Please either login to Lexology or sign up for our free legal news service to be able to register for this event.

How to obtain and enforce patent protection in Brazil

Daniel Law


This webinar intends to address:

  • the best strategies towards overcoming the patent office backlog problem and obtaining patent protection in Brazil;
  • opportunities – and risks – related to the enforcement of patent rights in the country; and
  • recent developments and precedents related to patent prosecution and litigation in Brazil. 

On the prosecution side, we will discuss, among other topics, the recent programmes created by the Brazilian Patent and Trademark Office to allow applicants to expedite examination – including the Patent Prosecution Highway agreements signed with the USPTO, EPO, UK IP Office, Japan Patent Office and other foreign patent offices – which may reduce the average waiting time from over a decade to 240 days, and at the same time increase allowance rates to over 90%. 

On the litigation side, in addition to explaining the local legal framework, we will address the lower standards for obtaining preliminary ex parte injunctive relief, and the availability of preliminary injunctions for NPEs and also for patents covering standard-essential technologies (eg, Vringo v ZTE and TCL v Ericsson).

Finally, we will cover recent developments in Brazil, such as the Brazilian Patent and Trademark Office’s proposal for automatically granting all pending applications without examination to clear the backlog.

Ricardo Nunes
Ricardo Nunes leads both the patent litigation and patent prosecution teams at Daniel. Licensed in Brazil and the state of New Yok, he has advised US, Brazilian, and multinational companies on their most critical matters, including complex patent and regulatory disputes, for more than a decade. His clients represent a broad range of technology-related industries, including chemical, pharmaceutical, biotech, telecommunications, software, electronics, mechanical, and oil and gas. He has special legal expertise in the fields of food and drug law and plant varieties. He earned his LLM in IP law, summa cum laude, from the George Washington University Law School. He received a master’s degree in regulatory law from Fundação Getúlio Vargas and an LLB from the State University of Rio de Janeiro.


Ricardo Dutra Nunes


13 November 2018
14:00 - 14:55 UTC
55 min