The Brazilian Trademark and Patent Office (INPI) has strict guidelines to exam inventions implemented through software. A Patent related to a software usually has algorithms that are a kind of methods to solve problems.
The Brazilian law states that certain methods cannot be granted as patents. These methods are: mathematical methods, methods of a commercial, accounting, financial, educational, publishing, lottery or fiscal nature; computer programmes per se; operating or surgical techniques and therapeutic or diagnostic methods, for use on the human or animal body.
So, if the examiner understands that the algorithm or the software are one of the methods listed above, the Patent is not granted.
Considering that patents related to software are becoming more common, INPI created a guideline exclusively to inventions implemented through software. The guideline was published for a public consultation and suggestions by interested parties.
After that, INPI will analyses the suggestion and publish a resolution with the guideline.
Lawyer Author of the Comment: Laila dos Reis Araujo
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”