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This study aims to discuss the criteria adopted by the Brazilian legislation on the patentability of pharmaceutical products at the National Institute of Industrial Property, as well as the obligation to submit the application to a prior consent from the National Health Surveillance Agency, due to the great social importance of the theme of access to medicines and consequently access to health, and also to protect innovation, involving the national techno-scientific development.

Patents; medicines; public health; industrial property; legislation; Brazilian
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