The Brazilian Patent and Trademark Office published this week the manual on patent forfeiture, as provided in Article 80 of the Industrial Property Law (LPI). This is an administrative mechanism aimed at curbing abuses in the exercise of patent rights and preventing the right of exclusivity from being used to restrict access to technology or create disproportionate economic power. The purpose of this legal provision is to ensure that patents fulfill their social function by promoting free competition, technological progress, and collective well-being.
The manual outlines the rules established by the BPTO regarding this regulation, covering the following topics:
- Presentation of patent forfeiture as a regulatory instrument of industrial property, based on legal principles and the current context;
- Definition of the concept of “forfeiture,” distinguishing its specific use in the patent field from its application in other areas of law;
- Historical background of patent forfeiture, including its evolution and links to international treaties such as the Paris Convention (CUP) and the TRIPS Agreement, as well as its presence in previous Brazilian legislation;
- Description of the administrative procedure for requesting patent forfeiture under the LPI, detailing the stages, involved parties, legal requirements, and criteria for merit analysis.
The manual also highlights the importance of “patent forfeiture” within the national industrial property policy, its application in the current context, and its integration into the administrative system of the BPTO.
By strengthening the technical and legal understanding of the subject, the document ensures regulatory coherence, legal certainty, and improved regulatory governance in Brazil.
