Newsletter Edition 18 - September 2020


STJ confirms nullity of BPTO Resolution rule

The Superior Court of Justice (STJ), in a judgment session held on September 1st, unanimously dismissed the Special Appeal filed by the BPTO (Brazilian Patent and Trademark Office), maintaining the decision of the Federal Regional Court of the 2nd Region, which declared null Article 13 of Resolution 113/2013 of the institute, which determined the definitive filing of patent applications or the extinction of patents for non-payment of annuities, without first having the institute publish the news of the absence of payment in the Industrial Property Magazine (RPI) providing holders with a deadline to make late payments and request the restoration of their orders/patents.

The session had the participation of ABPI’s General Counsel Rodrigo A. de Ouro Preto Santos, and lawyer Ronaldo Cramer, representing the Brazilian Association of Industrial Property Agents – ABAPI, who proposed the Public Civil Action by ABAPI, aiming at the invalidation of article 13 of Resolution nº 113/2013, as well as to declare void all the decisions of filing patent applications and extinction of patents based on this article.