Following on from my recent Blog of 7th May [insert link please], we are beginning to get preliminary reports of the Supreme Court’s Decision of 12th May 2021, concerning already-granted patents with a term of ten years from grant; in particular, whether these patents will retain this term.
Insights: Patent term extension
Brazilian IP Law previously provided that the term of a patent is the longest of 20 years from filing date or 10 years from date of grant. This ensures a minimum term of ten years from the grant date; it can be thought of, effectively, as an automatic “Patent Term Adjustment” to account for delays in prosecution by the Brazilian Intellectual Property Office.
On 17th October 2020, China approved the fourth amendment to the China Patent Law, which will come into effect on 1st June 2021. This amendment introduces a number of changes to Chinese patent law, with the introduction of patent term extensions (PTEs), patent term adjustments (PTAs) and a patent linkage system being of particular interest to both originator and generic pharmaceutical companies operating in China