News on apostille of letters-patent retroactively affected by the Direct Plea of Unconstitutionality 5,529

On February 8^th, 2022, the Brazilian Patent Office reported the decision to apostille letters-patent when the patent protects subject-matter going beyond the limits of the pharmaceutical area and/or health products/equipment for application in humans.

When the patent concomitantly encompasses subject-matter related to the pharmaceutical area and/or health products/equipment for application in humans and others not related to these technical areas, the apostille will take place as follows:

1. For patents granted with the 10-year term counted as from their granting, the BPTO will maintain this term of protection, except for the subject-matter related to the pharmaceutical area and/or health products/equipment for use in humans, term of which will be 20 years counted as from their filing date;
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2. The letter-patent will be rectified to include the apostille through the publication of the dispatch 16.3;
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3. The BPTO will produce an internal document justifying the rectification made. Said document will not be made publicly available, but it may be provided to interested parties upon request to the BPTO;
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4. The extinction will be published taking into account the longest patent term, albeit part of the subject-matter related to pharmaceutical products and health products/equipment for application in humans will have its extinction before this date, as apostilled in the letter-patent;
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5. Annuities must be paid considering the longest patent term.

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