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In a session that took place on Thursday, May 6, the STF, by majority vote, decreed the unconstitutionality of the sole paragraph of Article 40 of the Industrial Property Law (Law 9.279 / 96), which gives a minimum period of validity of patents if there is an excessive delay in examining and granting them by the INPI (National Institute of Industrial Property). Despite disagreeing, ABPI respects the STF decision and is now waiting for its modulation, which should occur on the 12th. ABPI’s concern expressed on several occasions with the issue of legal certainty – since this law has been in force for more than 25 years -, and with a possible disincentive to innovation, were points raised by Ministers Luis Roberto Barroso and Luiz Fux in their divergent votes.


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