06 February 2017
Rio de Janeiro
Reporter: Barney Dixon

BPTO releases patent software guidelines


The Brazilian Patent and Trademark Office (BPTO) has released new guidelines for software-based patent applications.

These guidelines aim to combat doubts when filing applications for inventions that are implemented by computer program.

According to Brazilian law firm Di Blasi Parente & Associados, doubts arise when filing software patents in Brazil because the law says “computer programs per se” are not considered inventions or utility models.

The new guidelines “highlight that a process or product implemented by computer can be considered an invention when it solves a known problem by means of a technical effort, which is not related to the way the program is written”.

It also defines the existence of new process classes for inventions implemented by a computer program: “a process that uses a physical quantity to generate of physical product or effect, a process that uses physical quantity to generate a virtual product or effect ... a process that uses abstract quantity to generate a virtual product.”

“With these guidelines, the BPTO expects an increase in the number of filings for patent applications implemented by computer programs, as well as a more consistent analysis on applications,” according to DiBlasi.

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