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Brazilian Supreme Court declares the 10-year patent term unconstitutional

May 07, 2021
By majority, the Supreme Court Justices declared the Sole Paragraph of Article 40 of the Brazilian IP Statute unconstitutional. The decision’s application over time and to the pharmaceutical sector are to be decided on May 12.

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Justice’s Opinions

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Pending decision on the application of unconstitutionality declared by the Supreme Court

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Licks Attorneys’ comments on the hearing outcome and pending application decision

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Regularly pending utility patent applications with delays of over ten years, per technical area

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Regularly pending utility patent applications with delays of over ten years, per applicant’s country

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Regularly pending utility patent applications with delays of over ten years, per applicant’s country in the pharmaceutical area (pharmaceuticals and biopharmaceuticals)

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Impacts on utility patents in force in the pharmaceutical area: 10-year term from grant vs. 20-year term from filing

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Next Steps

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