STF to hear constitutional challenge on minimum patent term

by | Apr 6, 2021 | Blog, BPTO News, Intellectual Property, Patents

On April 7 (Wednesday), the Brazilian Federal Supreme Court should start to consider ADI 5529, a landmark constitutional case that challenges the legitimacy of the legal provision that provides for a minimum period of patent protection of 10 years counted from the date of grant. This provision applies when the Brazilian Patent Office takes more than a decade to examine and grant a patent.

The Supreme Court should deliberate if the challenged provision of the patent statute violates the Brazilian Constitution, which establishes a “temporary term of protection” for patented inventions, and also if a court decision would affect patents already granted and applications already filed in Brazil.

At Daniel Law, we are closely monitoring all developments in the case, and keep you duly informed. Please get in contact if you want to know how such decision may impact your particular patent portfolio and how to best handle risks that may stem from it.

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