According to our previous newsletters, the Brazilian Federal Supreme Court (STF) has extinguished the sole paragraph of article 40 of Law No. 9279/96 (Brazilian Industrial Property Law – LPI), and established the ex tunc effect, to patents related to pharmaceutical products and processes, as well as health equipment.

Therefore, according to the referred decision, the Brazilian Patent and Trademark Office (BPTO) issued a statement on 05.18.2021 to clarify the parameters of the health-related patents that would be affected by the modulation of the decision’s effects.

In continuity, the BPTO published a third list on 07.06.2021, containing 97 patents with IPC classification A61K/6, C12Q/1, G01N/33, G16H, which will undergo correction of the effective date (order 16.1), through the rectification of the patent letter, and eventual extinction, for the cases in which the deadline extension is already being enjoyed.

Against that decision, the holder will have a period of 60 days to request a revision, free of retribution. If the request is denied, the patent’s validity will not be altered. An administrative appeal may be filed against the denial decision, pursuant to article 212 of the Brazilian Industrial Property Law (LPI).