How to protect therapeutic methods in Brazil

Unlike US patent law, which does not exclude therapeutic methods from patent protection, Brazil’s patent system follows a similar rationale to Europe’s: that “methods of treatment” are not patentable.

The non-acceptance of therapeutic method claims in Brazil is grounded in the provisions of article 10(VIII) of Brazilian IP Law # 9,279/96, which establishes that therapeutic, surgical and diagnostic methods applied to the human or animal body are not considered to be inventions.

Therefore, methods having at least one invasive/administration step and/or methods with the purpose of cure, prophylaxis or diagnosis are usually non-patentable in Brazil.

Different types of claim language are used to protect medical inventions, depending on the legislation and the patent office’s guidelines for examination.

Protecting therapeutic medical inventions

Although therapeutic methods are not patentable in Brazil, a substance or composition may be patented for a specific therapeutic use through so-called Swiss-type use claims.