Yesterday, May 6, the Brazilian Supreme Court has decided that the sole paragraph of Article 40 of the Brazilian IP Law is unconstitutional

This legal provision allowed a minimum term for the patents, counted from the granting date, as a compensation for patentees in cases where there was an excessive delay of the Brazilian Patent and Trademark Office (BPTO) to exam and grant the patents.

The Supreme Court will decide the particulars of this decision in their next session, on May 12, defining which patents shall be affected by this decision, considering both their current status and technical field.

Source: Migalhas - Read more