Brazil: Regulatory Agency Gets Authority to Deny Patents

As the result of a new patent review process, Brazilian regulatory authority Anvisa is being given the authority to deny the grant of a patent for a medical product.

The agency can make deny a decision to grant a patent if it determines the patent would impede universal access to medicines-a Brazilian constitutional right. This so-called right of "prior consent" by Anvisa would be binding on Brazil's Patent and Trademark Office (INPI).