A late carnival present - the end of Viagra patent

A late carnival present - the end of Viagra patent

Patricia Covarrubia   April 29, 2010   No comments:

Yesterday the Supreme Court of Justice (STJ) in Brazil has decided that the validity of the patent which guarantees the right of exclusivity of Pfizer Inc. for the manufacture and marketing of Viagra, expires next June 20.

Brazilian law protects the exclusivity of an invention for a period of 20 years. However, the protection of patented products by pipeline system is calculated for the remainder of the original patent - first filing abroad. As the first patent for Viagra was deposited in England, in June 1990, the period of exclusivity expires in June 2010.

The appeal was brought by the National Institute of Industrial Property (INPI) against the Federal Regional Court of the 2nd Region which maintained the validity of the patent until the day June 7, 2011.

Drug giant Pfizer argued that the claim filed in England was not completed and that the registration of the patent was only obtained in June 1991 at the EPO. Yet the pharmaceutical has the right to appeal the ruling before the Supreme Federal Court (STF), the last court of law of the country.

According to local media Viagra is the second most sold drug for erectile dysfunction in Brazil, behind Cialis (tadalafil).

Info here and here.
To follow this patent discussion here and here.

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Patent protection in Brazil: is this the end for Viagra?

Patent protection in Brazil: is this the end for Viagra?

Jeremy   March 26, 2010   No comments:

According to PRÓGENÉRICOS, the Brazilian Association of the Generic Drug Industry, more than 7 million pills of Viagra were sold in Brazil in 2007, representing a market value of approximatelly BR$ 210 millions. It is estimated that, with the end of patent protection of Viagra, its current price will decrease from betwen 35% and 50%.

The discussion on whether Viagra will turn into a generic drug this year or in 2011 has probably reached its final stage, and a final court ruling by the Superior Justice Court is expected soon.

The issue may be summarised as follows: did the twenty-year patent protection for Viagra in Brazil, commence on June 20, 1990, when the patent application was originally filed in the UK (and later abandoned), or did it start only on June 7, 1991, when that application was filed at the EPO?

If, in one hand, Pfizer claims that the patent protection for Viagra started on june 7, 1991, (ending in 2011), for the Federal Government the twenty year term commenced already on June 20, 1990, thus falling into the public domain this year.

The Federal Regional Court of Rio de Janeiro (as Appelate Court) ruled in favour of Pfizer, but the Brazilian Patent and Trademark Office (BPTO), unwilling to accept this decision, filed an appeal to the Superior Justice of Court.

Last Wednesday, the Superior Justice of Court (2nd Chamber) opened the session and three judges already voted against Pfizer, arguing that the patent protection for Viagra ends this year. The session was, however, suspended and will be resumed within two weeks, when six more judges will have the chance to express their vote.

From the news made available so far, it appears that the Federal Government and other federal Agencies, such as the BPTO, do not expect other ruling than the falling of Viagra patent into public domain this year.

The final decision on this suit is awaited with great expectation, since it may represent an historical ruling, a leading case for all remaining ones and an emblematic victory for the federal government and other federal agencies, taking into account the fact that the presidential elections will take place this year.

Posted by Jeremy for Jorge Miguel Arruda da Veiga (DiBlasi)

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