Brazil, Pct Incompatibility

Brazil, Pct Incompatibility

The National Institute of Industrial Property of Brazil has notified the International Bureau that it has withdrawn, with effect from April 30, 2004, its notification of the incompatibility of PCT article 22(1) with its national law. Also, in re F. Hoffmann-LA Roche AG v. ANVISA and INPI, the 37th Federal Court has issued a decision ruling that the second substantive examination carried out by ANVISA is unconstitutional and violates international treaties. The court has set aside ANVISA’s unfavourable opinion and has ordered INPI to grant the patent, immediately.