Yesterday Brazil Superior Court of Justice (STJ) denied patent term extension for two pipeline patents. One product is pramipexole which is protected by PP1100678-1 and another product is Dipyridamole and Aspirin which is protected by PP1100593-3 . Both the patents are from Karl Thomae GmbH (Boehringer).
The pramipexole patent (PP1100678-1) expires actually on 22/12/2004 but the patent term extension requested till 16/12/2010, and the dipyridamole patent (PP1100593-3) expires on 13/08/2006 but the patent term extension requested till 09/07/2012.
This decision is also in line with earlier decisions on patent term extension for Pipeline patents (sildenafil, Atorvastatin, Imatinib & Clopidogrel). Pipeline patents of brazil will expires 20 years from the first filing date (ie priority date).
Another pipeline patent term extension is refused and INPI’s view on pipeline patent system is upheld. Dronedarone is protected by PP1100771-0KB1 in Brazil and it expires on August 2010. Generally, patent term for pipeline patents will be calculated from first priority date of parent country. Since many patent applicant re-filed the patent application abandoning earlier filed applications or first filed during Jan 1, 1995 to May 14, 1997, to get benefited from pipeline patent system.
In dronedarone case, the earlier application was filed on 05/08/1991 as PI9103354-3 A2 (Abandoned) and which was re-filed as pipeline patent application on 12/05/1997 and granted as PP1100771-0K B1.