Breaking: Brazil SC rules patent extensions unconstitutional
In a nine to two ruling, justices decided in Direct Action 5,529 to remove the guarantee of a 10-year minimum term for successful drug patent applicants May 07 2021
The Brazil Supreme
Court yesterday removed the guarantee of a 10-year minimum term for
successful pharmaceutical patent applicants.
Ruling nine to two in Direct Action 5,529, the court rendered the sole paragraph of Article 40 of Brazil s Industrial Property Law unconstitutional.
The court will come together again next Wednesday, May 12,
to decide whether the ruling should have retroactive effect.
If the justices decide that it does, granted patents for