Brown’s comments come after Herta failed to land the second AlphaTauri seat for 2023 due to not having enough points to acquire a superlicence to race in F1.
Despite Herta’s success in IndyCar over recent seasons, he currently falls short.
Herta has 32 points, with 40 the required total to secure a superlicence.
“I get that rules are what rules are and they shouldn’t be broken, but I question whether just because those are the rules that in place now, those are the correct rules,” Brown said.
“Someone of Colton’s or Pato’s [O’Ward] Calibre or half of the ‘IndyCar’ field are Formula 1 capable. If someone like Colton who’s won a lot of IndyCar races isn’t eligible for a superlicence, then I think we need to review the superlicence system.”
Brown cited the examples of Max Verstappen and Kimi Raikkonen, and the fact that both drivers wouldn’t have qualified for a superlicence under the current regulations.
Verstappen made his F1 debut at just 17, despite his limited single-seater experience.
While Raikkonen drove for Sauber in 2001 with just 23 car races to his name beforehand.
“I don’t think Max Verstappen would have been eligible for a Super License, I don’t think Kimi Raikonnen would have been eligible for a superlicence,” Brown explained.
“If you go back and look, there are a couple of guys, world champions who wouldn’t have got their superlicense in today’s environment.”
He added: “I would not rule Colton out but anything we do is going to be in the best interest of McLaren as opposed to helping out AlphaTauri," Brown added.
"Who we put in depends on track knowledge. Obviously, Pato in Mexico is a scenario."