... Several patent offices around the world are facing backlog problems in light of the increasing number of patent applications filed. According to the Center for the Protection of Intellectual Property at George Mason University, countries like Brazil and Thailand are taking on average more than 10 years to issue a final decision in relation to a patent application.1 Pendency is an issue that is commonly considered to have greater negative effects in the high-tech industries, in view of the exponential obsolescence of technologies.2 However, the life sciences industry can also be affected by delays in patent examination.3 The backlog of the Brazilian Patent Office (INPI) is considered the worst in the world.4 Facing several infrastructural problems and a lack of patent examiners, the INPI can take up to 15 years to decide to grant or reject a patent application covering a pharmaceutical invention. In this scenario, pharmaceutical firms are trying to work around the backlog to effectively enforce pending patent applications against generic companies. As discussed in this article, a Brazilian court has recently granted a preliminary injunction in favour of Allergan, based on patent applications that were pending before the INPI.