Monday, August 16 2021   \  Published by Peduti Advogados.

Patent Infringement: What Should I Do?

When unauthorized third parties exploit a patented technology, patent infringement occurs , which can greatly harm the respective holder of the rights. In addition, the patent owner must seek the appropriate measures to inhibit this infringement and even be compensated.

So that you better understand what to do in these cases, keep following!

What is considered patent infringement?

As in other countries, in Brazil, the patent system is described in the Federal Constitution, which guarantees the holder a temporary privilege.

Thus, it is necessary that the invention meets the requirements of: novelty, inventive step and industrial application. Therefore, it is up to the Institute of Industrial Property (INPI) to carry out the examination of merit and, if the aforementioned requirements are met, to grant the privilege.

 

Therefore, the occurrence of patent infringement is considered in the following cases: Continue Reading

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