Pfizer’s Patent on Viagra in Brazil Revoked

U.S. Laboratories Pfizer lost its patent on Viagra in Brazil’s Superior Justice Court (STJ). The court revoked the patent Wednesday on the popular men’s erectile dysfunction drug.

Brazil has been known to revoke patents on other drugs as well. Starting in the 1990’s, Brazil has successfully revoked patents on such medicines that treat AIDS, which allowed others to come in with generic medicines at a much lower cost to help with the expansion of AIDS treatments in the country. The generic program is often subsidized by the federal government.

There are currently other pending cases in Brazilian courts on other patents on medicines, and this will certainly open precedent for those other cases.

The decision by the STJ to over turn Pfizer’s patent extension, which was due to expire in June 7th, 2011, was due to Brazil’s National Industry of Industrial Property (INPI) appealing the extension decision. It was a 5 to 1 vote in favor of revoking the patent. This appeal can be over turned yet again on another appeal to the countries highest court (The Supreme Federal Court) by Pfizer.

O Globo, a local newspaper, the decision by the STF could cause Viagra’s pricing to fall almost 30%, which is known to be very expensive in Brazil.