Atlas · Licensing

Initial deadline for individualized evaluation of patents listed for compulsory licensing is 30 days

Reviewed on 2026-10-04 · next review 2027-04-04

Data

Data consulted on 04/10/2026.

Basis

• Law No. 14.200/2021 (Planalto, in Portuguese): amends Law 9.279/1996 to provide for compulsory licensing in national or international emergencies, public interest, or public calamity. Art. 71, § 6º, establishes a 30-day deadline for individualized evaluation of listed patents, extendable for an equal period.

How it applies

The 30-day deadline begins after the publication of the list of patents or patent applications by the federal Executive Power. During this period, the government evaluates the usefulness of each listed patent for addressing the emergency, public interest, or public calamity. If necessary, the deadline can be extended for another 30 days, provided justification.

Limits

• Individualized evaluation only occurs after the publication of the patent list by the federal Executive Power (art. 71, § 2º).
• The deadline does not apply to patents or patent applications already excluded from the list due to commitments assumed by the holders (art. 71, § 7º).
• Granting of compulsory licensing depends on proof of technical and economic capacity of the producer (art. 71, § 6º).
• This record covers only the initial evaluation deadline; other deadlines or stages (such as licensing approval) are not included.
• Subsequent changes should be verified in Law 9.279/1996 and Law 14.200/2021.

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