Latin America

Decision by the Brazilian Supreme Court regarding patent term of protection for Brazilian patents

Posted on 10/05/2021 by balder

Brazil

The Brazilian Supreme Court has finally issued in May 7, 2021 a decision for the constitutional challenge regarding the additional term of protection of 10 years from grant date contemplated under Art 40 of the Patent Law for those cases where patent prosecution had been delayed for more than 20 years.

According to such decision it has been confirmed that unconstitutionality of the mentioned minimum patent term of 10 years from grant so that the term for protection for all patents granted from now on will be 20 years as of filing date.

A further resolution concerning all those patents previously granted with the benefit of the mentioned 10 year term of protection from grant will be discussed in a new judgement session foreseen for May 12, 2021.

Further developments on this matter will be timely reported. Should you require any further information please merely let us know.