After 3 years of the action for the declaration of unconstitutionality (ADI 5529) judgment that prevented the validity of medicine patents for more than 20 years, several foreign and Brazilian pharmaceutical companies are seeking through the courts the extension of approximately 63 medicine patents in Brazil.
One of the pharmaceutical companies’ defense arguments is that, in other countries the event of proven slowness on the part of the public authorities in analyzing patent applications, an extra period of validity is granted through Patent Term Adjustment.
On the other hand, representatives of generics and national industries claim that this extra period requested by pharmaceutical companies harms competitiveness in the Brazilian market.
It is worth noting that in recent disputes related to this topic, the Brazilian court denied a request to extend the term of the medicine patent, even after the INPI took 15 years to analyze the case. In view of the above, it is expected that Brazilian justice will maintain its understanding in these new cases pending decision.
It is important to mention that INPI has dedicated itself in recent months to reducing the backlog for analyzing patent applications.
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Autores: Tatiane Robles Martins, Advogada Pleno e 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 or Daniel Eustáquio Ramos Marinho.
Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.
