Brazilian Supreme Court to Decide on Term of Validity for Patents

25/06/2019

Brazilian Supreme Court to Decide on Term of Validity for Patents

A pending lawsuit challenging the legal provision establishing that patents in Brazil should be in force for the longer of 20 years from the filing date or 10 years from the date of grant was initially scheduled to be decided on May 26, 2021. On February 24, however, the Federal Attorney’s Office filed a request for preliminary injunctive relief asking the Reporting Justice to immediately stay the effects of the challenged provision. This could potentially affect thousands of patents in all areas of technology that are currently in force in the country. On March 5, the Reporting Justice decided to reschedule the judgment session that will address the merits of the case for April 7, 2021. Thanks to RICARDO DUTRA NUNES (Daniel Law), a Vice Chair of IPO’s Latin America Practice Committee, for submitting this update on behalf of the Committee.

Published on IPO. Read it here.

A pending lawsuit challenging the legal provision establishing that patents in Brazil should be in force for the longer of 20 years from the filing date or 10 years from the date of grant was initially scheduled to be decided on May 26, 2021. On February 24, however, the Federal Attorney’s Office filed a request for preliminary injunctive relief asking the Reporting Justice to immediately stay the effects of the challenged provision. This could potentially affect thousands of patents in all areas of technology that are currently in force in the country. On March 5, the Reporting Justice decided to reschedule the judgment session that will address the merits of the case for April 7, 2021. Thanks to RICARDO DUTRA NUNES (Daniel Law), a Vice Chair of IPO’s Latin America Practice Committee, for submitting this update on behalf of the Committee.

Published on IPO. Read it here.











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