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MP aims to end the prior consent of Anvisa

The text of Provisional Measure 1040/2021, with an opinion presented by the rapporteur, Deputy Marco Bertaiolli (PSD-SP), proposes, among others, the removal of art. 229-C, of ​​the Industrial Property Law (Law 9,276 / 1996), which respects that “the granting of patents for pharmaceutical products and processes will depend on the prior consent of the National Health Surveillance Agency – ANVISA”. According to the rapporteur, this article “imposes bureaucracy in the process of examining patents for pharmaceutical products and products in the country. With the suppression of art. 229-C we will harmonize the relationship between the INPI and Anvisa and, with this, saved up to two years in the process of analyzing such patents”, he emphasized.

The rapporteur also accepted amendment 150, authored by Deputy Hugo Leal (PSD-RJ), to revoke the sole paragraph of art. 40 of the Industrial Property Law, which allows the extension of patents in the event that the INPI finds itself prevented from analyzing the legal term due to judicial pendency or force majeure. As highlighted by the rapporteur, the revocation is in line with the recent decision of the Federal Supreme Court, which considers the sole paragraph of art.40 to be unconstitutional.

On the agenda of the Chamber of Deputies on Wednesday, 23/07, Provisional Measure 1040/2021 was issued with the aim of modernizing and reducing bureaucracy in the business environment in Brazil. If approved, it will be analyzed by the Federal Senate.