Brasília – Delays in granting pharmaceutical patents to U.S. companies by Brazil are one of the central issues in an investigation launched by the United States Trade Representative (USTR) under Section 301 of the U.S. Trade Act, according to a report by O Globo.

Sources familiar with the matter said the Brazilian government intends to respond that the current review period — which the U.S. claims can take up to six years — will be reduced to two years by 2026.

The investigation focuses on alleged unfair trade practices by the Brazilian government. U.S. authorities argue that the lengthy approval time significantly reduces the effective period of patent exclusivity, which is legally set at 20 years.

Brazil’s National Institute of Industrial Property (INPI), which oversees patents, stated that the current average time to analyze a patent application — after the examination is requested — is 2.9 years overall, and 3.7 years specifically for pharmaceutical products.

The INPI emphasized that under Brazilian law, patent protection lasts 20 years from the filing date, regardless of how long the examination takes.

The Brazilian Ministry of Foreign Affairs (Itamaraty) is expected to submit formal responses to the USTR by August 18. In addition to medicines, the U.S. investigation also covers other topics such as Pix, ethanol, corruption, and deforestation.

Source: O Globo

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