On December 6, 2023, the Brazilian Health Regulatory Agency (ANVISA) unanimously decided to permit an exemption allowing generics and branded generics (also called “similar” drugs) to remove indications covered by patented uses from drug labels, a practice known as “skinny labeling”. …
A new chapter for plant-based foods in Brazil – the Ministry of Agriculture’s request for public comment
The plant-based market continues to grow worldwide. According to a report from Bloomberg Intelligence, the global market for alternative plant-based proteins is expected grow to $166 billion by 2030. In Brazil, the survey “ The Brazilian Consumer and the Plant-Based …
An update on patent term adjustment for life science inventions in Brazil
In 2021, the Brazilian Supreme Court ruled that the country’s patent term adjustment (PTA) provision that guaranteed a minimum patent term of ten (10) years was unconstitutional. Since that time, there has been uncertainty whether patent owners of life science …
Read More "An update on patent term adjustment for life science inventions in Brazil"
Can evidence created after the filing date be used to show inventive step? Questions referred to the European Patent Office’s authority of highest instance
The European Patent Office (EPO) is a first-to-file system. Often times, this means that applicants have to file their European patent applications with little or no experimental data to support the inventive property of the invention. This is particularly true …
Compulsory Licensing in Brazil: Updates and Perspectives
On August 11, 2021, the Brazilian Senate approved a Compulsory Licensing Bill (#12/2021). Bill #12/21 amends the Brazilian Patent Statute (Law #9,279/96) and authorizes the Federal Government to grant compulsory licenses for products or processes in the event of a …
Read More "Compulsory Licensing in Brazil: Updates and Perspectives"
The European Patent Office issues a landmark decision on double patenting
The European Patent Convention (EPC) does not contain any specific provisions regarding the possibility of the same applicant obtaining two European patents for the same invention. As a result, and in the past, the Boards of Appeal of the European …
Read More "The European Patent Office issues a landmark decision on double patenting"
Venezuelan Patent and Trademark Office issues the first notice of allowances in pharmaceutical patent applications since 2004
The Venezuelan Patent and Trademark Office (VPTO) has issued the first notice of allowances (NOA) in pending patent applications directed to pharmaceutical inventions since 2004. At least two patent applications have received NOAs pursuant to Article 27.1 of the World …
Brazilian generic companies file a “tsunami” of lawsuits against several pharmaceutical companies in the wake of the Supreme Court’s ruling on the 10-year patent term
Last night, several generic companies in Brazil filed lawsuits against patents held by pharmaceutical companies. Specifically, 46 identical lawsuits were filed 46 targeting 79 patents. The cases challenge the patent term awarded by the Brazilian Patent and Trademark Office (BRPTO) …
Brazilian Supreme Court holds that the 10-Year Patent Term in Brazil is Unconstitutional
This is an update to our posts on April 8, 2021 , March 15, 2021 and March 10, 2021. As readers are aware, the Brazilian Supreme Court was scheduled to decide the constitutional challenge involving Article 40 of the Brazilian …
Read More "Brazilian Supreme Court holds that the 10-Year Patent Term in Brazil is Unconstitutional"
Patent Examination Finally Begins in the Kuwaiti Patent Office
In a long awaited development, the Kuwaiti Patent Office (KPO) has finally initiated substantive examination of patent applications and is issuing search and examination reports on pending applications. Nonetheless, given that substantive examination is new in Kuwait, the process has …
Read More "Patent Examination Finally Begins in the Kuwaiti Patent Office"