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Favourable decisión of a Brazilan Court allowing patent protection for second medical use claims

Posted on 04/07/2013 by balder

The Brazilian Court of Rio de Janeiro “Primeira Seção Especializada do Tribunal Regional Federal da 2ª Região”, has recently issued a favorable decision on an appeal against rejection of a patent application allowing protection for second medical use claims. The reasoning is that everything which is not explicitly contemplated as “excluded” or “non-patentable” in the Patent Law may be accepted as patentable.

The Brazilian Patent Office has not released any official statement or guideline on this issue so that this Resolution should be taken as a specific and still isolated case.

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