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ARTICLE · 28 APRIL 2017

Agreement On Drug Patents

TozziniFreire Advogados
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An agreement celebrated between the Brazilian Health Surveillance Agency (Anvisa) and the Brazilian Patent and Trademark Office (INPI) formalized on April 12, 2017...

BrazilIntellectual Property
Andreia De Andrade Gomes
Andreia De Andrade Gomes
Elysangela De Oliveira Rabelo
Elysangela De Oliveira Rabelo
Marcela Waksman Ejnisman
Marcela Waksman Ejnisman
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An agreement celebrated between the Brazilian Health Surveillance Agency (Anvisa) and the Brazilian Patent and Trademark Office (INPI) formalized on April 12, 2017, has finally ended the discussion regarding the competent authority for patent analysis related to pharmaceutical products and processes. This new agreement will enter into force 60 days after its publication.

The understanding between the agency and the office will allow the resumption of pharmaceutical patent examinations in Brazil. It is estimated that at least 21,000 drug-related patent applications are currently pilled up in the INPI, due to the above-mentioned conflict.

The agreement establishes the attributions of each agency, as well as the order of processing patent applications.

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