In a decision took in December and published in February the 4º Group of Supreme Court, by unanimity pronounced the approval of appeal from Brazilian National Institute of Industrial Property threw down the extension from period of time of three patents related to medicines.
Such decision above open ways to generics and confirms the understanding of Brazilian National Institute of Industrial Property about the validity of period of time from pipeline patents: the validity shall be counted by 20 years, beginning from the first application, even it has been abandoned or that the validity be amplified in other country. The pipeline was created by the Brazilian Industrial Property Law (9279/1996) to protecting chemical-pharmaceuticals already filed in Abroad and that, by the before legislation, could not get patent in Brazil.
Thus, a patent was linked to the medicine that had as active principle the citrate of sidenafila, being used to cardiovascular disorders. The pharmaceutical product is the same of viagra. Your validity came back to finishing on July 09, 2011, while the concession went until July 02, 2012.
On the other hand the second patent is related to veterinary anti-parasite and whose active-principle was the selamectin that had validity in the Brazilian National Institute of Industrial Property until January 18, 2013 and extension threw down only finished on January 12, 2014.
Finally the third patent, used in remedy against migraine and whose active principle is bromide eletriptan, had validity in the Brazilian National Institute of Industrial Property until October 15, 2010, while the increase, now revoked, went until August 13, 2013. More information you find in the webpage: www.inpi.gov.br
Author: César Alexandre Leão Barcellos
Lawyer and Licensed Patent and Trademark Attorney
César A. Leão Barcellos &Cia.Ltd.
Porto Alegre City, Brazil
