The present work provides an overview of patent protection for second medical use of known chemical compounds, in Brazil and other countries, through the approach of the main controversies related to this theme. That issues encompass aspects related to the legality of the protection granted by the patent, the general requirements of patenteability, the ethic and social concepts and the politic and economic factors involved. This work also introduces the diverging views of the two Brazilian government agencies involved in the procedure for granting patent in the pharmaceutical area, INPI and ANVISA.
second medical use; patent; new therapeutic applications