Brazilian Supreme Court Ends Patent Term Extension and Retroactively Cuts Pharmaceutical and Medical Device Patent Terms
By EsqSocial Corporation 18/05/21
On May 6, 2021, the Brazilian Supreme Court determined that the minimum ten-year patent term set forth in Article 40 of the Brazilian Intellectual Property Statute (Law No. 9,279) was unconstitutional (ADI 5529), and, on May 12, 2021, retroactively reduced the terms of granted pharmaceutical and medical device patents that are valid only due to the ten-year patent term provision to 20 years from the filing date. The terms of granted patents in fields other than pharmaceuticals and medical...
By: Rothwell, Figg, Ernst & Manbeck, P.C.