PTO's Role Changes In Judicial Appeals Concerning Its Decisions

In Brazil, the courts, rather than the Brazilian Patent and Trademark Office (BPTO), have the final say about the registration or cancellation of a patent, design or trademark.

Different from many common law countries, Brazilian courts are fully competent to review and overrule the Registrar´s decisions in their entirety. This authority of the courts means that IP holders do not have to settle for an unfavorable decision at the BPTO, whether involving their IP, or third-party cases, and can file judicial appeals seeking a different outcome.

The full possibility of reviewing a trademark or patent case in court has become very important in the context where the BPTO is pressured to speed up examination timelines without the need to maintain appropriate quality levels. Inevitably, there is the tradeoff between speed and quality.