The Kellis IP Weekly: Volume 2025, Issue 1.1
Happy New Year!
To all readers of the Kellis IP Weekly, best wishes for a prosperous and peaceful 2025.
Issue 1.1
What to Expect from INPI in 2025: After a year that included hiring new employees for the first time in seven years, reducing patent pendency, accepting slogans for trademark registration, and other developments, 2025 promises to bring more change at INPI.
INPI’s 2025 Action Plan: Released on December 30, 2024, the plan highlights INPI's increasing profitability yet continued budget woes due to insufficient budget allocation by the National Congress. The plan also sets forth numerous INPI goals for the year, including:
Reduction of average patent pendency to 3.9 years measured from filing;
Reduction of average patent pendency to 3.0 years measured the request for examination;
Reduction of average pendency for accelerated examination applications to 10 months; and
Preparation of technical procedures for the recognition of acquired distinctiveness, and begin considering acquired distinctiveness during the examination of trademark applications.
Read more: https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-divulga-seu-plano-de-acao-2025/PA2025_27.12.2024_v.final.pdf; https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-divulga-seu-plano-de-acao-2025; https://www.daniel-ip.com/en/articles/acquired-distinctiveness-in-brazil-decoding-the-bptos-new-draft-guidelines/
Implementation of Global PPH with Expanded PPH Caps: INPI announced that it will accept a maximum of 800 PPH applications during each quarter of 2025, so as to ensure an even distribution throughout the year of the 3,200 PPH applications the office previously indicated it would accept in 2025.
Additionally, given the number of applications currently in the PPH program from International Patent Classification H04, no applications from that classification will be accepted during the first quarter of 2025. Similar restrictions may be implemented over the course of the year, and will be announced prior to each quarter.
INPI will publish the current number of PPH applications it has received on a weekly basis on its website.
In a move that will be make applying for the PPH program relatively risk-free, INPI has announced that any amendments submitted with applications that are not accepted into the PPH program will not be considered by INPI, and fees paid with rejected PPH applications will be refunded upon request.
Read more: https://revistas.inpi.gov.br/pdf/Comunicados2816.pdf
Updated Pricing: On January 8, INPI will offer a public presentation regarding its proposed pricing policy, for which a public comment period is currently open (and will remain so until January 10). https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/apresentacao-detalha-proposta-de-politica-de-precos
More Industrial Design IT Woes: INPI continues to face challenges with its IT infrastructure for industrial designs, which it expects to resolve by the end of February 2025. https://revistas.inpi.gov.br/pdf/Comunicados2817.pdf
Continued International Integration:
As of Jan. 1, INPI has adopted the 12th edition of the Nice Classification, but is gradually removing items from that classification that relate to products that are illegal in Brazil, including, for example, cocaine for medicinal uses as well as other drug-related classifications; various classifications related to gambling; and various classifications related to electronic cigarettes. https://revistas.inpi.gov.br/pdf/Comunicados2816.pdf; https://revistas.inpi.gov.br/pdf/Comunicados2817.pdf
INPI sent a representative to a regional WIPO meeting on Modernization of IP Offices in Montevideo, Uruguay, as part of its focus on office modernization. https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-participa-do-encontro-regional-sobre-modernizacao-de-escritorios-de-propriedade-industrial
In Brief:
During 2025, the Brazilian Association of Industrial Property Agents (ABAPI) will provide specialized technical training for magistrates and IP experts; partner with the INPI Academy to train professionals in the field; work with EUIPO on itiatives including webinars, seminars, round tables, and courses on EU IP systems; and expand international collaboration through a partnership with China IP Agents. https://abapi.org.br/abapi-anuncia-planos-ambiciosos-para-2025-durante-evento-de-confraternizacao/
ANCINE has announced new screen quotas for 2025, which range from 7.5% to 16% depending on the size of the movie theater company. https://www.gov.br/ancine/pt-br/acesso-a-informacao/legislacao/decretos/decreto-no-12-323-de-19-de-dezembro-de-2024
MDIC included two IP successes in its 2024 retrospective (which highlights the progress made toward improving the business environment in Brazil): a 2.5-year reduction in average patent pendency since January 2023, to 4.4 years; and the hiring of 120 new civil servants by INPI. https://www.gov.br/mdic/pt-br/assuntos/noticias/2024/dezembro/mdic-avanca-na-retomada-da-industria-brasileira
UPCOMING IP EVENTS
*January 22-24, 2025: World Intellectual Property Forum. Dubai. https://www.worldipforum.com/ (English).
*January 27-28, 2025: International Intellectual Property Lawyers Association Conference. Dubai. https://iipla.org/events/dubai/ (English).
March 17-19, 2025: XXIV ASPI Intellectual Property Congress. Sao Paulo, Brazil. https://congresso.aspi.org.br/ (Portuguese).
March 20-23, 2025: XX ABAPISUL Regional Meeting. Foz do Iguaçu, Brazil. https://abapi2.org.br/ (Portuguese).
* Indicates events at which I will be speaking.
^ Indicates events I will be attending.
QUESTIONS OR CONCERNS
Kellis IP is available to provide consulting services to help you understand and respond to any of the developments highlighted in this newsletter, or any other IP issues in Brazil and the surrounding region.
