On December 16, Brazil’s Superior Court of Justice (STJ) confirmed the position of the Brazilian Patent and Trademark Office (BPTO) against extending the term of patent protection beyond the statutory limit.

In a decision issued by the 4th Panel of the STJ, under the rapporteurship of Justice Maria Isabel Gallotti, the Court denied the request to extend the patent term related to semaglutide, a compound used in treatments for type 2 diabetes and obesity.

The ruling aligns with the precedent set by Brazil’s Supreme Federal Court (STF) in Direct Action of Unconstitutionality No. 5,529, which declared unconstitutional the automatic extension of patent terms and established that patent protection in Brazil is limited to 20 years from the filing date.

By reaffirming this interpretation, the STJ reinforces legal certainty and regulatory predictability within Brazil’s patent system (key elements for innovation-driven industries, particularly pharmaceuticals and life sciences).

According to the BPTO, the Institute will continue to act, through its Federal Attorney’s Office and Brazil’s Office of the Attorney General, to preserve the stability and consistency of the national patent framework.