New rules for granting pharma patents

01-12-2012

Otto Licks

In August, the Brazilian vice-commissioner for patents, Julio Cesar Moreira, announced that INPI was implementing new rules in order to reduce the current backlog of patent applications, which averages eight years, to three years.

In August, the Brazilian vice-commissioner for patents, Julio Cesar Moreira, announced that the Brazilian Patent and Trademark Office (INPI) was implementing new rules in order to reduce the current backlog of patent applications, which averages eight years, to three years, and minimise delays in granting patents.

The most important rule is the creation of a priority line for pharmaceutical patents. However, the creation of a priority line for patents for medications considered vital for the Brazilian government’s Unified Health System (SUS), and mentioned by Moreira in order to reduce the average time for granting, was introduced in 2008.

Resolution #191 of 2008 established the guidelines for priority examination of patent applications before INPI. Article 4 of Resolution #191 of 2008 established a priority line of examination of pharmaceutical patent applications covering drugs purchased by the SUS: “Article 4: Will be examined as a priority, as requested by the Ministry of Health, patent applications related to drugs regularly acquired by SUS.”


INPI, pharmaceuticals, ANVISA, Takeda

WIPR