Monsanto’s intentions dismissed by Regional Court

Last Thursday, March 31, 2011, a Brazilian Specialized Federal Regional Court upheld the action for rescission brought by INPI to overturn the extension of two patents owned by Monsanto, which involves the herbicide Roundup.

Monsanto had previously obtained a court order for the extension of such patents for 2007 and for 2012; however the decision of the Court retook the dates established by INPI - 2005 and 2010, respectively.

The court’s decision accords with the pipeline system -- a mechanism established by Brazilian legislation. The current Industrial Property Law (1996) included the pipeline to protect inventions like pharmaceutical and chemical areas which were not protected before (previous legislation did not protect these type of inventions). The pipeline system allowed manufacturers/inventors to apply to INPI within a year; however the term of patent validation was made considering the remaining term of the date it which the first filing was made abroad. INPI argues that the protection in Brazil cannot extend 20 years being counted from the first deposit/application.