Pharmaceutical
Patent - Extension of Term Provisions Patent Term
20 years from date of filing or 10 years from date of grant.
Pharmaceutical Patent
Extension?
No.
Bolar Provision
Unknown.
Other
The new Brazilian Industrial Property Law No. 9279 replaces the previous
Decree Law No. 5.772 of 21/12/1971. Under the provisions of the new law, foreign patents
will be recognised for the first time and their registration will be allowed. The new law
includes transitional arrangements (Article 230) which allow filing of applications for
subject matter considered non-statutory under the Law No. 5.772 , and refiling of
applications covering agrochemical and pharmaceutical products which were originally filed
before January 1995. (However, pipeline applications had to be filed before 14/05/1997).
Applications which were originally filed in accordance with Article 70.8 of TRIPS from
January 1995 should not need to be refiled as they will benefit from the provisions of the
new law when it comes into force.
Brazil has amended its patent law to provide that after examination of patent applications
relating to pharmaceutical products or processes has been completed, such applications
will only be granted as patents if the application is approved by the National Health
Agency. This new provision may be in conflict with the requirements of TRIPS (reported Feb
2002).
References
http://www.ladas.com/BULLETINS/2002/0202Bulletin/BrazilPharmProdProtection.html
http://www.derwent.com/patentguides/gpe/br_feb.htm
Prepared for IP Organisers by Dr Grace Chan, Phillips
Ormonde & Fitzpatrick - October 2002. |
