The Impact of the Brazilian Supreme Court Decision on the Patent Term
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In May, the Brazilian Supreme Court issued a landmark decision declaring unconstitutional the 10-year minimum patent term guarantee. The decision impacts more than 30,000 pending patent applications and patents. In addition, the Supreme Court ruled that the decision applies retroactively to pharmaceuticals and medical device patents. Brazilian Patent and Trademark Office (BRPTO) is already notifying patent holders of the reduction of the patent term in each affected patent. The Supreme Court decision represents a major change in the Brazilian Patent System.
Please join us as we cover a variety of topics relating to the Supreme Court decision, including:
- • The decision in a nutshell, highlighting the main conclusions;
- • Practical aspects for applicants and patent holders considering the new patent term regime in Brazil.
Isabelle Clauss
Senior Corporate Counsel - Patents
Bristol-Meyers Squibb Company
Isabelle Clauss is a Senior Corporate Counsel at Bristol-Myers Squibb where she focusses on patent and regulatory exclusivities of biological assets and cell therapy. As part of her role, Isabelle serves as regional IP counsel for Latin America including Brazil.
Roberto Rodrigues
Partner
Licks Attorneys
Roberto Rodrigues is an experienced lawyer representing industry leading companies in patent litigation matters and patent oppositions. Roberto has worked on the most high profile trials in patent matters in Brazil. Additionally, he advises companies on issues related to cybersecurity and antitrust. Roberto earned an LLM from Stanford Law School, where he was Lead Editor of the Stanford Technology Law Review. Roberto joined Licks again in 2019 after working at Quinn Emanuel Urquhart & Sullivan, LLP in New York City. He has also published articles in technology law journals around the world.
R. Craig Tucker
Patent Counsel
Eli Lilly and Co.
R. Craig Tucker has been a patent attorney with Eli Lilly and Company for 21 years where he has been involved in global patent procurement, portfolio management, international IP enforcement and IP Law advocacy. An active member of various national and international IP Law associations, Craig has been an advocate for the equitable development of IP law globally. Craig has a Masters of Biology/Biophysics from Purdue University (’90), and a J.D. from Indiana University School of Law, Indianapolis (’98), and 6 years of experience in bioanalytical assay development prior to entering the practice of IP law.
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