1st Panel of the Federal Supreme Court decides Constitutional Complaint about patent term adjustment
The 1st Panel of the Federal Supreme Court (STF) concluded, on December 16, 2022, the judgment of Constitutional Complaint #56,378, in which it was decided that the granting of a preliminary injunction to temporarily guarantee the validity of patents for a term longer than 20 years from the filing date (art. 40 of the Patent Statute) violates the decision of the full Court on Constitutional Challenge #5,529. The panel’s decision not to endorse the preliminary injunction, which had been granted by Reporting Justice Luiz Fux, was given by a majority, with three opposing votes (divergent vote by Justice Dias Toffoli, accompanied by Justice Alexandre de Moraes and Justice Carmem Lucia) and with one Justice recusing himself (Justice Luis Roberto Barroso). Cases submitted to the STF, and other courts in Brazil, may be heard en banc or by smaller panels. The STF is formed by two panels of 5 Justices each, with its president voting only in cases heard en banc by all 11 Justices.