The Kellis IP Weekly: Volume 2025, Issue 1.2
INPI Releases 2024 Numbers: Much attention has been paid to INPI’s efforts to reduce patent pendency (and willingness to allow trademark pendency to creep up), but what about filing numbers? That data has now been released.
The Good:
Trademark filings continued to rise at INPI, reaching 444,037 applications filed--10.3% more than in 2023.
Integrated Circuit Topographies had the most drastic growth, at 500% year-over-year (6 in 2024 versus 1 in 2023).
Industrial design registration applications grew by 3.1%.
Computer program registration applications grew by 25.5%.
Technology contract recordations fell by 22.5% (perhaps reflecting Brazil's (laudable) efforts to reduce the need for technology contracts to be recorded).
The Bad:
During 2024, 27,701 patent applications were filed at INPI, representing a 0.8% drop from 2023 and the first drop in several years. Total filings are still significantly down from their peak in the 33,000-34,000 range, in the 2013 timeframe. On a brighter note, 23% of the applications filed in 2024 came from Brazilian citizens, up from 20% in 2023.
Geographical indication applications dropped by 3.7% (perhaps reflecting a deliberate reallocation of resources by SEBRAE and others toward encouraging effective use of granted geographical indications rather than simply obtaining as many as possible).
The Ugly:
Patent grants cratered by 32.8% to fewer than 15,000, a huge decline. 2024 marks the first year since 2016 that the number of patents granted was less than the number of patent applications filed.
Trademark registrations also suffered a 21.3% drop, to fewer than 200,000 (less than half of the total number of filings received in 2024). Applications have outpaced registrations since 2020.
Industrial design registrations fell by 14%.
Computer program registrations fell by 8.9%.
These numbers reflect, at the very least, a real need for INPI to be given adequate funding to hire sufficient examiners to keep pace with the rate at which applications are filed.
Read more: https://www.gov.br/inpi/pt-br/central-de-conteudo/estatisticas/arquivos/publicacoes/boletim-mensal-de-pi_resultados-de-dezembro-2024.pdf; https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/com-aumento-nos-pedidos-de-marcas-di-e-software-inpi-divulga-estatisticas-de-2024; https://www.gov.br/inpi/pt-br/central-de-conteudo/estatisticas/arquivos/publicacoes/boletim-mensal-de-pi_resultados-de-dezembro-2023-1.pdf; https://www.gov.br/inpi/pt-br/central-de-conteudo/estatisticas/arquivos/publicacoes/boletim-mensal-de-propriedade-industrial_dezembro2022.pdf; https://www3.wipo.int/ipstats/ips-search/patent
In Brief:
INPI presented a new pricing proposal outlining how it will determine prices for services going forward. The proposal draws upon benchmarking with USPTO and other major IP offices, and considers factors such as production volume, organizaitonal strategy, demand projection, and inflation. The proposed methodology would ensure that INPI is able to cover its operating costs and needed future investments, without making a profit. https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/com-descontos-que-podem-chegar-a-100-inpi-apresenta-proposta-de-politica-de-precos; https://www.gov.br/inpi/pt-br/acesso-a-informacao/participacao-social/audiencias-e-consultas-publicas/arquivos/minuta_politica-de-precos-dos-servicos-pretados-pelo-inpi.pdf
INPI's public consultation on the analysis of acquired distinctiveness will be open until January 29. https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/consulta-publica-sobre-distintividade-adquirida-de-marcas-esta-aberta-ate-29-01
The Mato Grosso do Sul State Health Department seized 6,000 capsules of counterfeit herbal remedies, adulterated to contain toxic allopathic medicines. https://folhams.com.br/2025/01/08/vigilancia-de-ms-recolhe-produtos-ilegais-e-reforca-combate-ao-comercio-irregular/?fbclid=IwY2xjawHs_-lleHRuA2FlbQIxMAABHS1ybY1vsmv8bqN2HUUyMYXrH-nD2OxXAb3lbu6qeytO1n785qzfdX6S3w_aem_QE519lzpkq0c1AAkrJ6kxg
Brazil ended 2024 with a record number of movie theaters operating in the country (after theater numbers dropped by almost half due to the COVID-19 pandemic), and double the number of viewers of Brazilian productions relative to 2023. https://www.gov.br/cultura/pt-br/assuntos/noticias/cinemas-no-brasil-superacao-recordes-e-expansao-em-2024
The Ministry of Culture released a "2025 Parliamentary Primer," a detailed guide for legislators regarding the Ministry's initiatives aimed at strengthening culture in Brazil. The guide shines light on the Ministry of Culture's priorities, which could be helpful information for those negotiating with the Ministry regarding their own interests. https://www.gov.br/cultura/pt-br/assuntos/noticias/minc-lanca-cartilha-parlamentar-2025-para-fortalecer-politicas-culturais-no-brasil
The Patent Cooperation Treaty is now in force in Uruguay. https://www.wipo.int/pct/en/pct_contracting_states.html
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).
February 20-21, 2025: AIPPI Midterm Meeting. Zagreb, Croatia. https://www.aippi.org/event/2025-aippi-midterm-meeting/ (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).
^May 17-21, 2025: INTA 2025 Annual Meeting. San Diego, CA, USA. https://www.inta.org/events/2025-annual-meeting/ (English).
June 8-10, 2025: ASIPI El Salvador Seminar. El Salvador. https://asipi.org/event/seminario-el-salvador-2025/ (Spanish).
August, 2025: ABPI Annual Congress. São Paulo, Brazil. https://abpi.org.br/eventos-abpi/ (Portuguese).
September 13-16, 2025: 2025 AIPPI World Congress. Yokohama, Japan. https://www.aippi.org/event/2025-aippi-world-congress/ (English).
^October 30-November 1, 2025: AIPLA Annual Meeting. Washington, D.C. https://www.aipla.org/detail/event/2025/10/30/default-calendar/aipla-2025-annual-meeting (English).
November 30-December 3, 2025: XXIII ASIPI Congress - Buenos Aires, Argentina. https://asipi.org/event/xxiii-congreso-asipi-buenos-aires-2025/ (Spanish).
* 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.
