On April 7, the Reporting Justice Dias Toffoli partially granted the preliminary injunction requested by the Attorney General’s Office (PGR) regarding the ADI 5529 (Direct Action for Unconstitutionality), to suspend the effects of the sole paragraph of article 40 of Law no. 9,279 of 1996 (Industrial Property Law), concerning patents related to pharmaceutical processes and products, as well as healthcare equipment and materials.

Said disposition foresees the minimum patent term of 10 years for invention patents and of 7 years for utility models.

The decision does not affect patents granted prior to it.

 

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