“Mailbox” patents: a counterintuitive analysis of the brazilian system of industrial property
DOI:
https://doi.org/10.29397/reciis.v9i3.959Keywords:
Intellectual Property, National Institute of Industrial Property, Industrial Property Law, Mailbox Patents, Innovation, Economic DevelopmentAbstract
This article presents an analysis of the Brazilian system of industrial property, taking as sample 241 “mailbox” patents. The first conclusion of this study is that, over twenty years after the creation of the Organization World Trade Organization (WTO), Brazil still pays the price for a disordered adoption of multilateral treaties. This data baseline survey also concluded that, from the date of filing the request until the granting of patents, INPI took on average 12.64 years to examine applications and, consequently, the duration of market exclusivity rights has shifted to 22.64 years on average. It was also possible to identify a trend of increase of the technical examination deadlines applicable to patents, although the dispersion around the mean presented a reduction in the sample period. Still, the sample data suggest a trend of increase with relation to the time spent in the examination of applications.Downloads
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