The normal term for patents of 20 years from the filing date had been changed by the sole paragraph of Article 40 of the Brazilian IP Law to add an extra 10-year validity from the date of grant. Thanks to a judicial action on May 12, 2021, the extra 10-year validity term after the date of grant is no longer.
How will this apply?:
- This change will affect future patent applications (ex nunc) for all technological areas
- It will have retroactive effects (ex tunc) to patents in the pharmaceutical sector (granted under the abovementioned paragraph); and, "any technological area being challenged in lawsuits having as object the unconstitutionality filed until (and including) April 7th, 2021"
- It will affect utility models too, which will have a sole term of 15 years after the filing date
In accordance with FICPI "it is estimated that around 11.2% of the patents in force under the sole paragraph of Article 40 will have their terms reduced"
Woud you like to know more about the changes in patent and utility models term in Brazil?
To read more, please refer to FICPI's website
- Publication date