In February 2013, the number of patents granted based on the now revoked sole paragraph of Article 40 of the LPI (which allowed for a 10-year term of protection from grant date) exceeded grants based on the (caput) text of Article 40 itself (which stipulates a 20-year term of protection from the filing date).

As of 2019, with the implementation of the BRPTO “Plan to Combat the Patent Backlog”, the PTO has again granted more patents with 20-year terms than with 10-year terms. On May 12, 2021, the Supreme Court Justices declared the sole paragraph of Article 40 of the LPI unconstitutional. In view of that, since May 2021 the 10 years from grant term of protection is no longer applicable.

Legenda: *The terms of protection shown in this infographic are those originally granted by the BRPTO, before the reduction of the terms of protection and republications of the respective Letters patent caused by the ADI 5229 decision.

Fonte: Licks Attorneys, © 2022.