Practitioners can take heart from recent developments in the Brazilian courts, say Otto Licks and Anderson Nascimento.
Brazil had no patent protection for pharmaceutical inventions until 1994. The TRIPs Agreement, incorporated in 1995 and the Patent Law, approved in 1996, provide patent protection for pharmaceutical inventions.
Despite this positive background and a strenuous patent examining procedure, the Brazilian Patent and Trademark Office (INPI) has a backlog of approximately 11 years, and there is uncertainty concerning INPI and the Brazilian Food and Drug Administration’s (ANVISA) roles in the prosecution of pharmaceutical patents. While the situation at INPI deteriorates, the courts have provided a means to obtain effective patent protection.
The courts are getting less intolerant and more welcoming to assess IP demands, and patent owners should seize the opportunity to look forward to future decisions applying the rule of law.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at firstname.lastname@example.org.
If you have any technical issues please email tech support.
pharmaceuticals, ANVISA, TRIPS, INPI