IPTango
Hi! Welcome to our blog for intellectual property law and practice in Latin America
Hola, bienvenido a nuestro blog de Derecho y práctica de la propiedad intelectual en Latinoamérica
Olá! Boa vinda a nosso blog para a lei da propriedade intelectual e a prática na América Latina

INPI did it again - pipeline mechanism

 

The Brazilian Instituto Nacional da Propriedade Industrial (INPI) reports that last Wednesday, July 6th, obtained another victory in the courts related to pharmaceutical patents. The 1ª Turma do Tribunal Regional Federal da 2ª Região unanimously upheld the decision which keeps a pharmaceutical product in the public domain. The medicine in question was Dronedarone used to combat cardiac arrhythmias. The patent holder intended to extend its period of August 2010 to one year later.

If you have kept an eye in this blog, you may have notice that in Brazil many drug patents have generated lawsuits because of the controversy regarding the pipeline mechanism (for some examples click here, here, here and here). The current Industrial Property Law, published in 1996, included the pipeline to protect inventions of pharmaceutical and chemical patents that were not possible to be registered before due to Brazil no allowing these types of patents. Nonetheless, through this system, the patent holder would have a year to request to the INPI the said protection and when granted it will worth the time remaining in the country in which it was deposited first - the first filing abroad, as stated by the Law and confirmed by the Superior Court of Justice (STJ).

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