BRAZIL
May 17, 2016
The Brazilian PTO strengthens its position against ANVISA's issuance of opinions regarding patentability of applications related to pharmaceutical inventions. Within the frame of a litigation raised by a pharmaceutical company against ANVISA, the Brazilian Patent Office has filed an opinion regarding the role that ANVISA is adopting in the examination of patent applications.
The Patent Office states that there is no legal provision supporting the issuance of opinions on patentability by ANVISA and claims for avoiding the "subterfuges" that ANVISA's interpretation imply. The divergent interpretation will most likely be maintained but this opinion reinforces the position of the Brazilian Patent Office against ANVISA's interference in the examination of patent applications.