The report “A Review of the Brazilian Law of Patents: Innovation for the Sake of National Competitiveness.”
This is the first publication of the series: Strategic Studies of the Strategic Studies and Debates Center of the Chamber of Deputies, produced from a wide debate organized to discuss the legislation of the Brazilian Patent Law that aims to stimulate innovation and strengthening the national industry.
The main conclusions of this report are:
a) the pharmaceutical industry is a very special case in the area of patents;
b) the community (i.e.: competition) has acquired rights to manufacture products which patents were not filed in due course, being in the public domain;
c) the novelty requirement is implicit in the art. 5, XXIX of the Brazilian Constitution;
d) the participation of Brazilian Health Surveillance Agency (Anvisa) in the pharmaceutical patent examination is essential to application of the constitutional principle of the right of access to health.
Patent filings grew 60 % in a decade in Brazil
Encouraged by the improvement of the business environment in the area of innovation, patents filed in Brazil grew by more than 60% in a decade . The patents filing left from 20,000 in 2002 to about 33,000 in 2012, according to the National Institute of Industrial Property (INPI).
The Brazil accounted for 1.6 % of the total patents produced in the world in the last year (2.1 million), considering the patents filed by domestic companies (7,600) and filed by foreign companies with a presence in the country (25,400). The prediction is that the patent filings this year reach the milestone of 40,000 patents in total, an increase of 21.2 % over the previous year.
To download the Report, click here
In China, where the patent filings were in a level similar to that of Brazil in early 2000 increased to about 350,000 in 2012, approaching the U.S. level, leading the world ranking, with about 500 thousand patents annually.
Click on the text links to enlarge the graphs:
Evolution of patent applications in China (GIF, 30 KB)
Evolution of utility model applications in China (GIF, 27 KB)
Evolution of granted patents in China (GIF, 28 KB)
Evolution of utility model registrations in China (GIF, 25 KB)
Types of applications in China (GIF, 57 KB)
Types of grants in China (GIF, 43 KB)
Top foreign applicants by country in China (GIF, 16 KB)
Source: State Intellectual Property Office of P.R.China (SIPO) Annual Reports
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