Agenda IDS – Relevant issues on the division of patent applications

Agenda IDS – Relevant issues on the division of patent applications

Last Thursday, the Dannemann Siemsen Institute (IDS) held another IDS Agenda event, with the theme “Relevant issues on patent application divisions”.

Among the issues debated, the event covered topics such as the relevance of the patent application division procedure for stimulating innovation, the deadline for requesting the division of a patent application and the treatment given to this issue by the INPI and the Courts.

The meeting was opened by IDS Coordinator Patricia Porto and moderated by IDS Board Member Mauricio Teixeira Desiderio. Speakers included Federal Judge Wanderley Sanan Dantas, EMBRAPA intellectual property analyst Janaína Tomazoni Santos and Dannemann Siemsen partner Bernardo Marinho Fontes Alexandre.

Mauricio began his moderation by contextualizing the subject of the division of patent applications, and said that the main issue is the definition of when the time limit would be for filing a divided patent application with the INPI. He then gave the floor to Janaína Tomazoni, who spoke about the importance of the patent division mechanism, especially for innovative national companies, for protecting inventions, making it possible to grant applications and speeding up the availability of technological innovations for society.

Bernardo Marinho then explained that the patent application process is not a straightforward procedure, but rather multilateral, contradictory and dialectical. For him, the divisional application is a tool that increases the chances of the patent being granted.

Afterwards, Judge Wanderley Dantas looked at the position of the courts on the subject. The magistrate presented some of the decisions handed down in different cases and commented on the courts’ understanding of the deadline for filing a request to divide a patent application, providing an important overview of how the Brazilian judiciary has been assessing the matter.

The recording of the event will soon be available on the IDS website.

Note: For quick release and cost control, this English version is provided by automated translation without human review.