The advancement of technology is fundamental to a country’s economic and social growth. In healthcare, in particular, new drugs and medical technologies have the potential to improve people’s quality of life and drive significant scientific advances. In this scenario, the protection of intellectual property, particularly through patents, becomes an essential component in ensuring legal certainty for investments in research and innovation. The example of the drug Vonau Flash clearly highlights the difficulties faced by the Brazilian innovation system.
Vonau Flash is an antiemetic drug created by researchers at the University of São Paulo (USP) in collaboration with the pharmaceutical company Biolab. Its main distinguishing feature is its orodispersible formulation, which allows the tablet to dissolve quickly in the mouth without the need for water, resulting in a faster effect and making the administration of the drug simpler. This innovation represents significant progress for patients suffering from nausea and vomiting, including those in cancer treatment or who have difficulty taking traditional tablets.
The patent linked to Vonau Flash became one of USP’s most significant patents, contributing substantially to the royalties obtained by the institution.
Although the product was successful, the case highlighted structural issues in the Brazilian innovation protection system. The BPTO took approximately 13 years to review the Vonau Flash patent application. Since the term of patent protection in Brazil is 20 years from the date of filing the application, most of the exclusivity period is used during the administrative review.
In reality, this means that when the patent was finally approved, there was little time left for commercial exclusivity for the owners. It is believed that the drug enjoyed only approximately seven years of effective protection before it could be replicated by competitors. This example illustrates how slow patent evaluation can significantly reduce the financial return on investments in scientific and technological research.
The slowness in granting patents does not only impact individual cases. The creation of a new drug in the pharmaceutical sector can require billions of dollars and many years of research. Without predictability regarding the legal protection of innovation, companies and research institutions may feel discouraged from investing in new projects. Thus, the effectiveness of the intellectual property system becomes a crucial element for a nation’s technological competitiveness.
On the other hand, the Vonau Flash case also highlights the potential of collaborations between academic institutions and companies. The partnership between USP and Biolab made it possible to convert scientific knowledge generated in academia into a product that is truly accessible on the market, bringing advantages both to patients and to the university, which began to receive royalties and finance new research.
Thus, the Vonau Flash experience offers significant lessons for Brazil’s progress. It is essential to improve the effectiveness of the patent analysis system to ensure that processes are faster and more predictable. At the same time, collaboration between universities, research centers, and the productive sector must be promoted in order to strengthen the innovation ecosystem.
In summary, adequate protection of intellectual property is essential to promote scientific and technological innovation. The Vonau Flash case shows that Brazil has the ability to generate high-impact knowledge, but it also highlights that institutional reforms are necessary for this potential to be fully exploited.
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Author: Isabela Nicolella Vendramelli, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados
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If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.