The Brazilian Superior Court of Justice decides as valid a pharmaceutical patent for HIV treatment

The Brazilian Superior Court, located in Brasilia, the last instance for discussions of decisions that contravene federal laws, has recently decided as valid a pharmaceutical patent for HIV treatment.

The dismissed case was about a patent granted for Abbot Laboratories, a company from United States of America. The pharmaceutical patent is related to the medicine Kaletra, an antiviral for the HIV treatment.

The patent of the case was analysed by the Brazilian Patent and Trademark Office without an exam of the patentability in Brazil, once it was granted as a pipeline patent, when the Brazilian autarchy must revalidate the exam made abroad.  The pipeline patents were provided by the Brazilian industrial property legislation and had to be required in Brazil during the first year after the publication of the Brazilian Industrial Property law, occurred on 14 May, 1996, since the previous legislation did not allow pharmaceutical patents.

The nullity action was filed by another company, arguing essentially that the Brazilian Autarchy did not analyse properly the legal requirements for patentability and has granted the patent without a preliminary consent of the Brazilian National Health Surveillance Agency, regarding the possible risks of the medicine to the public health.

During the lawsuit, the federal judge of the first instance has decided as null the patent, being that sentence reformed by the Federal Circuit Court of Rio de Janeiro, since the consent of the Brazilian National Health Surveillance Agency was given during the lawsuit. Thus, the Brazilian Superior Court considered also the lack of that consent as a defect possible to be provisioned even after the patent was granted, since the pharmaceutical company should not be penalized for this delay of the Brazilian National Health Surveillance Agency.

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Lawyer Author of the Comment: Rodrigo Britto de Albergaria
Source
Headline: “Terceira Turma mantém validade da patente de medicamento usado no tratamento da Aids”

“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.”

Study about biotechnology patents is published by the Brazilian Patent and Trademark Office. The study will certainly help the Brazilian authorities to analyse the need for Brazil to sign the Budapest Treaty.

The Brazilian Patent and Trademark Office – BPTO has recently published a new study about biotechnology patents in Brazil, analysing the deposits in which it was deposited biological material.

The study shows the panorama of the deposits of biotechnology patents in Brazil between 2010 and 2016.

The Biotechnology can be applied, for example, on therapeutic proteins, probiotics, immunologic medicaments, vaccines, plagues control, biofertilization, biofuels, biosensors and plant genetic improvement.

Since it is necessary a description of the patent’s object for the concession of any patent, the depositors of biotechnology patents also need to deposit the biologic material alive at an authorized institution. There are some kinds of biological material able to be deposited, as DNA or protein sequence listing, bacterial strains, yeast strains, fungus strains, protozoal strains and cell lineage.

Fonte: API

During this period, the researchers have found 1.583 deposits of biotechnology patents in Brazil. Among the principal kinds of deposit, from all those biological material deposits, 682 were microorganisms, 386 for medicaments and 332 sub products of fermentation. The five principal depositors were Brazilian universities, being the Federal University of Minas Gerais the top depositor, with 154 deposits, the University of São Paulo the second, with 117 deposits, and the University of Campinas the third, with 71 deposits. Regarding the geographical distribution, the principal region of origin of the deposits is the Southeast Region, with 899 deposits, where are located the three biggest metropolitan areas and the three principal depositors, while the North Region, where the Amazonian forest is located, has only 30 deposits.

It is also important verify that only 2,15 % of the deposits had its biological materials also deposited at International Depositary Authorities, probably as a consequence of the fact that Brazil has not signed the Budapest Treaty yet.

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is administered by the World Intellectual Property Organization (WIPO). According the Budapest Treaty, the deposits of biologic material can be made at an authorized international depositary authority, what make easier for the deposit of a biotechnology patent in other country.

The study will certainly help the Brazilian authorities to analyse the need for Brazil to sign the Budapest Treaty.

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Lawyer Author of the Comment: Rodrigo Britto de Albergaria
Source
Headline: “Novo radar tecnológico mapeia patentes de biotecnologia e material biológico”

“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.”