Brasília – The Superior Court of Justice (Superior Tribunal de Justiça – STJ) scheduled for December 9 the first judgment on the Patent Term Adjustment (PTA), a mechanism that may extend the duration of drug patents to compensate for delays in the examination process at the National Institute of Industrial Property (Instituto Nacional da Propriedade Industrial – INPI). The case has drawn attention from lawmakers, including Congressman Capitão Alberto Neto, who argues that the measure corrects structural bottlenecks in patent processing and protects inventors’ rights.

If approved, the PTA could prolong market exclusivity for innovative medicines, delaying the entry of generics and maintaining high prices for longer periods. On the other hand, rejecting the mechanism may accelerate competition, open significant opportunities for generic manufacturers once exclusivity ends, and increase access to medicines across the health system.

Source: Veja