Latin America

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

Posted on 17/05/2021 by balder

Brazil

As you may recall, the Brazilian Supreme Court confirmed last week the unconstitutionality of Art 40 of the Patent Law which contemplated a minimum patent term of 10 years from grant, so that the term for protection for all patents granted from issuance of such decision will be 20 years as of filing date.

Regarding all those patents previously granted with the benefit of the 10 year term from grant it has now been ruled that that same will remain in force during such term of protection (10 years from grant) with two exceptions for which the term of protection will be recalculated and thus reduced to 20 years as of filing date:

• patents for pharmaceutical products and processes as well as health related products such as medical devices; and
• patents whose term was being challenged in a lawsuit filed before the preliminary decision of April 7, 2021 was issued.

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