Problems with Brazilian pharma patents


Otto Licks

The research community in Brazil is still waiting for a patent system aligned with international standards.

Plagued with an average 10-year backlog, red tape and a lack of examining guidelines, these applicants want a world-class patent system.

The 1999 amendment to the Brazilian patent law created prior approval, an additional patentability  requirement for applications claiming pharmaceutical products or processes. This patentability requirement is not examined by the Brazilian patent office (INPI) but by ANVISA,  the Brazilian food and drug  administration.

The system has never worked properly.  2013 brought changes in the procedures between INPI and ANVISA that worsen the situation.

patent, INPI, Brazil, WTO TRIPS, ANVISA