Pharmaceutical patents status: how they influence the pharmaceutical Brazilian market?

in face of the backlog of patent examinations in Brazil, considering its hushed enrollment to the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), this work evidences the impact pharmaceutical patents to expire until 2022 in the pharmaceutical industry in Brazil, highlighting the positive and negative effects of the extended patent-term in Brazil guaranteed by the article 40 of LPI 9,279/96 to late-granted patent, on the competitiveness of Brazilian industry. In 2021, this regulation was modified, leading to another serious impact that had immediate influence on the industrial behavior. These aspects were evaluated under a technical point of view.

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