Significant Change in the Patentability Examination of Chemical-Pharmaceutical Inventions
Today, Joint Resolution RESFC-2026-1-APN-INPI#MEC was published. This resolution, which was signed by the Minister of Health, the Minister of Economy, and the President of the National Institute of Industrial Property (INPI), repeals the Joint Resolution of the former Ministry of Industry No. 118, the Ministry of Health No. 546, and INPI No. 107 dated May 2, 2012, which approved the “Guidelines for the patentability examination of patent applications on chemical-pharmaceutical inventions”. The new regulation restores to INPI its exclusive competence to determine the patentability of this type of invention on a case-by-case basis, in accordance with Patent Law No. 24,481, and establishes a transitional protection mechanism for those already commercializing pharmaceutical products covered by patents that may be granted under the new regime.
