Media | Philippe Bhering contributes with comments to IAM report about Patent Term Adjustments (PTAs) in Brazil and the recent preliminary decision rendered by Rapporteur Justice Luiz Fux
09/12/2022
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.
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