Regulamentos administrativos e a concessão de patentes para medicamentos de segundo uso médico

Abstract

The following empirical-qualitative research in law had the objective of understanding the standards used by the Instituto Nacional da Propriedade Industrial (INPI) in evaluating patent claims for new uses of existing medicines, the phenomenon of the follow-on drugs. We sought to answer the following question: from the document analysis of the patent claims for Remdesivir, what are the normative and regulatory bases used by the INPI in the deposits involving patents for second medical use, based on the analysis of the tension between access to medicines and industrial property in the brazilian context? The documentary analysis was based on Cellard's (2005) techniques, with public data collected from the INPI patent search platform. In the case of empirical research in law, the methodological rules of Epstein and King (2013) were taken into account. The collection was interpreted using the theoretical substrate of Bankowski (2006), regarding the interaction between the legal and the moral in the context of the patent legal system. It was concluded that the INPI allows the possibility of patent claims for follow-on drugs using the Swiss-type claims, and resolutions no. 262/2011, n. 169/2016 and n. 208/2017 are used as guidelines for analyzing these types of patent claims in Brazil.