Voice of IP
Clause 8
Brazil Becoming the Mecca for Patent Enforcement & Chief IP Counsel Seeking Valuable Patents
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Brazil Becoming the Mecca for Patent Enforcement & Chief IP Counsel Seeking Valuable Patents

Clause 8: Rob Rodrigues & Tatiana Alves talk about founding RNA Law and everything you need to know about patents in Brazil; Eli discusses related trend of choosing quality over quantity in the US.

Clause 8 Podcast Show Notes

Rob Rodrigues and Tatiana Alves - Brazil’s go-to attorneys for strong patent protection and effective enforcement - join Eli to talk about founding RNA Law and offer insider perspectives on successfully navigating the Brazilian patent system.

Rob discusses how Brazil’s large market size and the predictability of obtaining injunctions is attracting foreign businesses looking for robust patent protection. He also talks about how Brazil is becoming an even more favorable venue for patent litigation because, with more cases being filed, the knowledge level of judges and the predictability of court rulings are also improving.

The discussion also provides a comprehensive overview of:

  • the examination process at the Brazilian patent office,

  • the possibility of leveraging European and US patent grants for faster approval,

  • opposition proceedings,

  • the nuances of securing injunctions, and

  • pursuing patent protection in Brazil as part of a broader global IP strategy.

**Bonus segment at the end: Eli ruminates on the founding of RNA Law coinciding with the rising significance of patents in Brazil. He then discusses the related trend of sophisticated chief patent counsel focusing on obtaining valuable patents that actually meet their companies’ strategic goals in the US.

Selected Takeaways:

  • Integrated legal-technical strategies significantly enhance the success rate in patent litigation within Brazil.

  • The Brazilian patent office is becoming more efficient, though the examination process can still be lengthy, particularly in the telecom sector.

  • Pharma patent applications face more scrutiny in Brazil but that can be navigated effectively with the right strategy.

  • Obtaining injunctions - including ex-parte injunctions - in Brazil is feasible and can be a powerful tool in patent enforcement, though it is highly dependent on the specifics of each case.

Notable, Quotable

"Judges in Brazil are very much concerned about getting it right. They understand the importance of patents for innovation." – Rob Rodriguez

"The biggest expense for a company in obtaining a patent is actually asking for their inventors’ time." – Eli

Resources:

To explore these insights and leverage them for your IP strategy, don’t miss the full episode.

Disclaimer

Discussion about this podcast

Voice of IP
Clause 8
The podcast listened to by sophisticated in-house counsel, judges from around the world, IP policymakers, senior USPTO officials, and top patent dealmakers and attorneys to stay ahead of the curve by understanding the personalities and forces shaping IP.
Eli Mazour’s love of talking to people – along with his belief in the importance of America’s patent system – led him to start Clause 8. Clause 8 features conversations that provide strategic insights about how to best deal with various patent-related issues. Some of the previous guests include America’s great innovators, federal judges, USPTO Directors, top IP staffers on Capitol Hill, and Carole Baskin’s attorney from the documentary Tiger King.
It's the #1 podcast about IP and is in the top 2.5% of all podcasts according to Listen Score. The podcast has been covered and cited in many publications, including Bloomberg, Law360, Courthouse News Service, Above the Law, IAM, and Original Jurisdiction.