Friday, 12 November 2010

You lost your chance! use of pipeline system

Last Tuesday, November 9, 2010, the Fourth Chamber of the Superior Court of Justice (STJ) in Brazil confirmed the findings of the Instituto Nacional da Propriedade Industrial (INPI) on pharmaceutical patents filed before the current Law on Industrial Property (9279/96).

The current Law created the pipeline system to protect patent applications made in the pharmaceutical sector which previous legislation prohibited. Therefore, according to INPI, earlier requests (before the current law) that did not use the pipeline system could not generate protection.

In the present case the University of Arkansas (USA) tried to obtain a patent for use of conjugate vaccines, whose application was in 1992 (under the old law this was not possible). Therefore, with the entrance of Law 9.279/96, the University should have used the pipeline to achieve protection, but as it did not, the request was rejected by INPI.

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