Brasília – Foreign pharmaceutical companies operating in Brazil have filed 68 lawsuits to extend the validity of medicine patents, representing an increase of around 25% over the past two years, according to a survey by Grupo FarmaBrasil.

The lawsuits seek to bypass a 2021 ruling by the Supreme Federal Court (STF), which prohibited the extension of patent terms for pharmaceuticals in cases where the review by the National Institute of Industrial Property (INPI) exceeded the standard 20-year period. The decision was a milestone in limiting prolonged monopolies in the Brazilian pharmaceutical market.

Of the actions filed so far, courts have already issued 36 rulings denying the requests for patent extensions. The disputes are mainly promoted by multinational laboratories seeking to preserve exclusive rights over high-value medicines, delaying the entry of cheaper generic versions into the market.

The judicial trend reinforces tensions between innovation incentives and the need to ensure timely access to medicines, especially in the context of the Unified Health System (SUS), where delays in generic competition can increase government spending and reduce access to treatment.

Source: Estadão

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