Prof. Brook Baker
As many of you may have heard, Brazil has been engaged in a long process of studying patent law reform and in August 2013 (originally scheduled for July 10, 2013) will be issuing a major report and proposed legislative reforms. In sum, as detailed below in (1) an open letter and (2) its attached brief technical review which has the text of the proposed bill as an annex, Brazil is seeking to incorporate lawful TRIPS flexibilities, into its patent law including: eliminating patent term extensions and data exclusivity, restricting patents on new forms and new uses and tightening the the inventive step requirement (following the India example), adopting a government use procedures, and clarifying the role that ANVISA, its drug regulatory agency, plays in the patent examination system. Sean Flynn, Amy Kapczynski, and I have worked on an academics/experts letter and brief technical review, both of which are open for signatures.
