Brazil, Art. 229-C

The Brazilian Industrial Property Law was recently amended to include art. 229-C stating that the grant of patents for pharmaceutical products and processes shall depend on the consent of ANVISA (National Agency for Sanitary Surveillance). ANVISA has recently issued a Public Information on its web site stating that patents for second pharmaceutical use are harmful for public health and that they jeopardize scientific and technological development. ANVISA, thus, no longer consents to the granting of patents for second pharmaceutical use. Grants on patents of selection should also be refused, on the same grounds. This has generated a situation of conflict between INPI and ANVISA. So far, there have been three court actions seeking a review of ANVISA’s decisions.