Partner Philippe Bhering contributed with comments to IAM report about Patent Term Adjustments (PTAs) in Brazil and the recent preliminary decision rendered by Rapporteur Justice Luiz Fux of the Brazilian Supreme Court within the scope of the Constitutional Claim 56,378/DF filed by Bristol-Myers Squibb against the decision of the Federal Court of Appeals for the First Circuit which maintained the rejection of its preliminary injunction request to suspend the effects of the Brazilian PTO’s decision which determined the adjustment of the term of the Patent PI 0212726-1.

This is the first time that a Justice of the Supreme Court has taken a stance that the patent term extension, determined by the Judiciary, does not contradict the terms of the decision in the Direct Plea of Unconstitutionality 5,529 of May 2021. In other words, according to the Justice Luiz Fux, it is possible to file a court action seeking the adjustment of a patent term (PTA), and the decision, granting or rejecting such request, is contingent on the circumstances of each case.

Now this preliminary decision of the rapporteur Justice Luiz Fux will be analyzed by the remaining four Justices of the First Panel of the Supreme Court. The virtual trial is scheduled to restart today, December 9, 2022.

Click here to read the full report (requires subscription).

 

---