Overview of the Legislative Progress on PL 2210/2022
Background
Initiated by Federal Deputy Julio Lopes (PP/RJ), the Bill 2210/2022 is under consideration in Brazil’s legislative chambers. The proposal seeks significant amendments to Law No. 9.279, dated May 14, 1996, which governs intellectual property rights in Brazil. The bill introduces a provisional patent application, eliminates certain requirements contrary to international agreements, and revises the procedures for patent deposits and examinations.
Key Proposals of PL 2210/2022
– Provisional Patent Applications: To allow inventors to file provisional applications which secure an earlier filing date, providing them time to refine their inventions while holding their place in the patent queue.
– International Harmonization: The removal of the requirement for foreign applicants to have a local legal representative at the initial filing stages unless required by international treaties. This aims to streamline the process for international filers.
– Flexible Examination Procedures: Proposing the ability to defer the technical examination of a patent application up to 36 months from the date of filing, at the applicant’s request.
Current Legislative Status
– **Latest Action:** As of April 24, 2024, the bill is with Senator Dr. Hiran as the current rapporteur in the Committee on Science, Technology, Innovation, Communication, and Informatics.
– **Recent Developments:** The bill was favorably reported by the Committee on Foreign Affairs and National Defense with amendments, and it is now proceeding through the Committee on Science, Technology, Innovation, Communication, and Informatics for further discussion and potential approval.
Public and Legal Reactions
The proposal has stirred discussions within the intellectual property community. Supporters argue that these changes are necessary to make Brazil’s patent system more competitive globally, while critics express concerns about potential implications on patent quality and the workload of the National Institute of Industrial Property (INPI).
Next Steps in the Legislative Process
– The bill will continue to be examined by the Committee on Science, Technology, Innovation, Communication, and Informatics.
– Depending on the committee’s decision, it may then proceed to the plenary of the Senate for further debate and voting.
– If approved, the amendments will only apply to patent and trademark applications filed with the INPI after the law comes into effect.
Conclusion
PL 2210/2022 represents a critical effort to modernize Brazil’s patent laws in alignment with international standards. The legislative process has been methodical, with various committees reviewing the proposed changes to ensure they meet both domestic needs and international obligations. As the bill progresses, it remains a key topic of interest for stakeholders in Brazil’s system of intellectual property management.