On June 11, Brazil took a major step toward modernizing its intellectual property framework as the Federal Senate approved the country’s accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. The Legislative Decree Bill (PDL) #466/2022 now proceeds to promulgation by the Brazilian Congress, bypassing the need for presidential sanction.

Until now, Brazilian inventors whose innovations involved living microorganisms were required to send biological samples abroad to International Depositary Authorities (IDAs) recognized by the World Intellectual Property Organization (WIPO). This process imposed substantial costs and technical hurdles, as the only IDAs in Latin America are located in Mexico and Chile.

With Brazil's accession to the Budapest Treaty:

• Brazilian institutions will be eligible to apply for IDA status.
• Inventors will benefit from lower costs and streamlined patent procedures.
• The national IP system will be further aligned with international standards.
• Brazilian researchers and institutions will gain enhanced access to global innovation networks.

Brazil's accession to the Budapest Treaty represents a major milestone in strengthening the country's IP infrastructure, especially in the biotechnology and life sciences sectors.

If you have questions about how this change may impact your patent portfolio or need assistance with microorganism patenting, please contact us via e-mail at info@lickslegal.com.