Drug Patents Under Fire in Brazil

Authored by Ryan P. O'Quinn, Ph.D. and Sanya Sukduang 

One of the most promising pharmaceutical markets of the future is Brazil, a nation of nearly 200 million people with a universal healthcare system. Brazil’s infamously overloaded patent system has undergone a series of recent reforms. One such "reform," however, greatly complicates biopharmaceutical patent practice: any Brazilian patent application for products affecting "public health" must first be approved by the National Health Surveillance Agency (ANVISA), the Brazilian equivalent of the U.S. Food and Drug Administration, before ever being examined on the merits by the Brazilian Patent Office (known as the "INPI"). This "fourth" prong of patentability threatens the viability of pharmaceutical patent protection in Brazil.

Originally published by Pharmaceutical Executive (http://www.pharmexec.com/). This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.