This is an informal case summary prepared for the purposes of facilitating exchange during the 2026 WIPO IP Judges Forum.
Session 4: Software and Digital Technology Patents
Ninth Federal Court of Rio de Janeiro, Brazil [2024]: Case No. 5024418-78.2019.4.02.5101
Date of judgment: February 19, 2024
Issuing authority: Ninth Federal Court of Rio de Janeiro
Level of the issuing authority: First Instance
Type of procedure: Judicial (Commercial)
Subject matter: Patents (Inventions)
Plaintiff/Appellant: Group Software Ltda.
Defendant/Respondent: Audit Business Solutions Ldta.; National Institute of Industrial Property (INPI)
Keywords: Patentable subject-matter; Computer-implemented invention; Technical character
Basic facts:
Action for the invalidity of a patent for a computer-implemented invention consisting of a computerized system for controlling billing and customer flow at points of sale. The plaintiff argued that the subject matter of the patent was directly related to commercial and/or inspection methods and therefore constituted subject matter excluded from patentability under Article 10(III) of the Brazilian Industrial Property Law (Law No. 9.279/96), in addition to lacking novelty.
From a technical standpoint, the patent protects a computer system that performs a complex data-processing routine using a pocket-sized microcomputer or similar device, through a proprietary application divided into two interactive modules (D1 and D2).
The first module (D1) is responsible for the registration and recording of data concerning billing, customer flow and customer profiles, price and type of goods, with information obtained from retailers, cashiers, and customers. The second module (D2) performs a statistical analysis of the sales outlet’s billing, classified according to the method of payment, as well as customer traffic, classified by sex, age group, social class, or destination.
Held: The court concluded that the patent met the novelty requirement and that its subject matter did not constitute a mere method or changes in the code. Rather, it protected an invention implemented through software.
Relevant holdings in relation to software and digital technology patents: Brazilian legislation distinguishes between two forms of protection for creations involving software: copyright protection for the program itself, and patent protection for processes or products that solve technical problems and produce technical effects that go beyond mere changes to the code. A computer-implemented creation may only be considered an invention if it solves a technical problem and produces technical effects that do not relate solely to the method or the manner in which the program was written. In addition, it must meet the requirements of novelty, inventive step, and industrial applicability.
Relevant legislation: Articles 8, 10(I) and 10(III) of Law no. 9.279/96 (BR353)