In a recent judgment, the Second Section of the Superior Court of Justice (STJ), in terms of repetitive resources, defined that the term of validity of a patent granted by the mailbox system is 20 years.

According to the opinion of Minister Nancy Andrighi, who presented the winning thesis in the repetitive trial, the term provided for in the sole paragraph of article 40 of the Industrial Property Law (LPI), do not apply to patents deposited in the manner stipulated by article 229, sole paragraph, of the said law.

In a certain part of the vote, the rapporteur stated:

In the case of patents exceptionally deposited by the mailbox system, the LPI, in its final and transitory provisions (article 229, sole paragraph), established an express rule ensuring protection limited only to a period of 20 years (or 15, for utility models) counted from the day of deposit (as stipulated by the aforementioned article 40, caput)”

The decision will reflect on the reduction of the patent’s right time.

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Author: Sheila de Souza Rodrigues, Senior Associate at Peduti Advogados.

Source: Prazo de vigência de patentes mailbox é de 20 anos contados da data do depósito do pedido pelo interessado

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”