BRAZIL: BRPTO published the First official list of Patents affected by the Supreme Court Decision

BRPTO published the First official list of Patents affected by the Supreme Court Decision

The Brazilian PTO published on the Official Bulletin No.2628, dated 18 May 2021, the first list of patents affected by the Supreme Court Decision (STF). Furthermore, the BRPTO also published a standard methodology to identify affected patents related to the pharmaceutical field. Such methodology includes the following:

• Patents sent to ANVISA (acronym in Portuguese for Brazilian National Health Surveillance Agency) for prior approval, related to the article Art. 229-C of the Brazilian IP Law;

• Patents having at least one of the following International classifications: A61B, A61C, A61D, A61F, A61G, A61H, A61J, A61L, A61M, A61N, or H05G, (considered by WIPO as related to medical-technologies);

• Patents having at least one of the following IPCs: A61K/6, C12Q/1, G01N/33, G16H;

• Patents with published lawsuit decisions (specifically published under the code 19.1);

• Certificates of addition related to patents “for use in healthcare”, as mentioned by the Supreme Court decision.

Additional lists of patents affected by the STF decision will be provided in forthcoming BRPTO Bulletins. We will keep you informed