Brazil (BR) |
| Read term notes | |
| Current term: | 20 Years |
| From: | Date of Filing |
| Discontinuity Dates: | No |
| Term Notes: |
Under the new Patent Law No. 9279, a term of 20 years from Filing replaces the previous term of 15 years from Filing. Article 70.2 of TRIPS implies that all benefits arising from the agreement should be granted by member states to all patents and pending applications in existence as of 01/01/1995. Unless INPI is prevented from carrying out examination, the term will not be for a period of less than 10 years. Brazil has amended its patent law regarding pharmaceutical product applications. After examination grant will only take place of the application is approved by the National Health Agency. This may be in conflict with the TRIPs Agreement.
28/02/2004 UPDATE: Article 22(1) of the PCT was amended on 04/10/2001. The amendments took effect on 01/04/2002 from which date the time limit for entry into the national/regional phase will be globally extended from 20 to 30 months. The Intellectual Property Office of Brazil is not applying the new time limit. |
| Extension Possible: | No |
| Member of PCT: | Yes (01/06/1978) |
| Region: | None |
| Country Notes: | None |
| Current Law: | Law No. 9.279 of 14/05/1996 |
| Effective From: | 15/05/1997 |
| Current Rules: | -- |
| Effective From: | -- |
| Law Notes: | The new Law No. 9279 replaces the previous Decree Law No. 5.772 of 21/12/1971.
Under the provisions of the new law, foreign patents will be recognised for the first time and their registration will be allowed. The new law includes transitional arrangements (Article 230) which allow filing of applications for subject matter considered non-statutory under the Law No. 5.772 , and refiling of applications covering agrochemical and pharmaceutical products which were originally filed before January 1995. (However, pipeline applications had to be filed before 14/05/1997). Applications which were originally filed in accordance with Article 70.8 of TRIPS from January 1995 should not need to be refiled as they will benefit from the provisions of the new law when it comes into force (see Term Notes). |
| Database Coverage | |
| Derwent WPI: | Yes From 16/12/1975 All Technologies (Sections A-X) |
| INPADOC: | Yes From 02/01/1973 All Technologies (All Technologies) |