Tuesday, 5 July 2011

Brazil: ruling gives security to production of generic Gemzar

Patent applications filed in Brazil before 1996 which did not use the pipeline system cannot be granted. INPI’s practice was confirmed on June 30, 2011 by the1st Section Specialist of the Federal Court of the 2nd Region, in Rio de Janeiro.

According to INPI’s report the sentence gives “greater security to the production of generics and thus, expanding public access to treatment”. The aforesaid case relates to the examination of the drug Gemzar, used to treat certain types of cancer, and filed in 1993. INPI asserts that such a patent could only be examined if the applicant used the pipeline system. However, as the manufacturer has not made a new request through the pipeline, such claims should be dismissed because the previous legislation prevented the protection of such innovations.

This information is given by INPI and also found on the Advocacia-Geral da União; yet, there is no link to the case as such and/or at least more details. If you come across it, please share by the usual method –comment or send an e-mail to our team, thanks.

2 comments:

Ken said...

When Brazil made pharmaceuticals patentable in 1996, any applications that had already -- prior to May 1996 -- been submitted to the INPI needed to be resubmitted under the pipeline provision. There was a window to do this. For some reason the applicant (Lily?) evidently did not take this step.

Patricia Covarrubia said...

exactly!