Recently, discussions on patenting in the pharmaceutical area and its impact on people's access to drugs have intensified, and in 2008 the GIPI decided that the incremental patents should not be granted in Brazil. So this paper discusses the possible impacts of these patents on access to medicines through the case study of the polymorphs. As a contribution, the importance of patenting of polymorphs in various technology areas was estimated from the deposits in Brazil. It was observed that more than 70% of deposits are in the pharmaceutical area. Case studies were made with two drugs: atorvastatin and paroxetine. The holder of the reference drug deposited about half of the requests for polymorphs of paroxetine. In the case of atorvastatin, although the holder of the registration is not the largest depositor, who claims it is the highest percentage of polymorphs. The study found that the pharmaceutical industry has aggressively used patents as economic strategy, confirming the concern of the health sector on access to medicines.
incremental patents; access to drugs; polymorphs; industrial property; trivial patents
