Implementation of Patent Flexibilities in Selected Latin American Countries

Abstract

The aim of this study is to shed light on the use of patent flexibilities in Latin America. For this purpose, an empirical analysis of the laws and policies of eight countries (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru, and Uruguay) was carried out. The study covers both pre-grant and post-grant law. While the former refers to patentability criteria and eligible subject matter, the latter addresses exceptions, limitations, and other rights to use patented subject matter without the consent of the right holder, including compulsory licenses and government use.

Keywords: patent, patentability, exceptions, limitations, compulsory licenses, government use, Latin America