A better qualification of experts and clarity in the definition of the technical examination of the patent are essential items for the best result in lawsuits involving patents, pointed out today, 29, the engineer and judicial expert Francisco Silva, during the first joint technical meeting between ABPI (Brazilian Association of Intellectual Property), ABAPI (Brazilian Association of Industrial Property Agents) and ASPI (São Paulo Association of Intellectual Property) and the INPI (National Institute of Industrial Property). Silva even proposed that the judicial expertise in patents should be carried out simultaneously by two specialists, one in patent and the other in the technical area in question. “In Brazil there are few experts who know about patents, which causes significant damage to the results of the actions”, he said. “As judges in general do not understand patents, they are guided by these experts and the result may not be acceptable.”
The debate on “Infringement actions in the biotechnology area – the impact of the technical examination in the judicial sphere” also brought together the INPI Patents Director, Liane Lage, the INPI Patents II General Coordinator, Cláudia Magioli, the coordinators of the Commission of Biotechnology Study and the ABPI Patent Study Commission, Gabriela Salerno and Ana Cláudia Mamede, moderated by the coordinator of the ABAPI Patent Group, Diogo Netto. Present at the event, the president of ABPI, Luiz Edgard Montaury Pimenta, recalled that the ABPI formalized, among its social objectives, “efforts for the proper functioning of the IP system in Brazil, which it has been doing on several fronts, such as the events in partnership with INPI”. Liane Lage, in turn, pointed out that it is necessary to “resignify the vision of the patent examiner and seek a more holistic view of the system to help us understand the importance of our work and its impacts on society”.
In her presentation, Cláudia Magioli dealt with “Impact of the Plan to Combat Backlog in the area of biotechnology and future challenges”. In the part that discussed the effects of ADI 5,529, he said that there was a significant increase in lawsuits questioning the need to extend the term of the patent, a provision previously provided for in the Industrial Property Law (Law 9,279/96) to compensate for the delay in examinations by the INPI . On the other hand, according to her, the recent Law 14.195/2021, which extinguished the prior consent of Anvisa for pharmaceuticals, gave more “tranquility in the requests of the pharmaceutical area, allowing a more linear curve and in chronological order”. She ended by listing the main challenges for the post backlog in the biotechnology area: maintaining a high productivity, in addition to dealing with an increase in court decisions and the number of divided orders, among others.
You can see the full event on ABPI’s YouTube channel.