Protecting life science patents in Latin America

21 December 2011

Regimes for protecting pharmaceutical and biotechnological products via patents are slowly but steadily improving in many Latin American countries. Managing IP invited Alejandro Luna of Olivares & Cia, Guillermo Carey of HarneckerCarey Carey y CÃa and in-house counsel Regina Kuchle to discuss some promising developments and continuing challenges

Panellists
	AL: Alejandro Luna Olivares & CÃa Mexico City
	GC: Guillermo Carey Harnecker Carey Carey y CÃa, Santiago
	RK: Regina Kuchle In-house counsel, multinational pharmaceutical company, Mexico City
	EM: Eileen McDermottManaging IPNew York

EM: What regulatory changes have most impacted biotechnology and pharmaceutical patents recently?

AL: There was an amendment to the Mexican General Health Law in June 2009 which defined biotechnological drugs and allowed for the approval of follow-on biologics, or biocomparables.

Then, in September 2010, amendments were made to the Mexican IP Law, including an observation scheme during patent prosecution allowing any third party to raise arguments and provide the examiner with information related to the patentability of an invention. If filed, the information may be considered at the examiner's discretion and it will not suspend the application process. After a patent is granted, any third party can inform the Mexican Patent Office (IMPI) of causes of invalidity and IMPI can consider...

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