On May 22, the Brazilian Senate’s Foreign Relations Committee (CRE) approved Legislative Decree Bill (PDL) #466/2022, which seeks to integrate Brazil into the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. This bill now proceeds to the Plenary for final consideration.

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Understanding the Budapest

TreatyEstablished in 1977, the Budapest Treaty streamlines the process for patenting inventions involving microorganisms, given that a written description may not be sufficient to meet enablement requirements when a patent application includes such matter. In these cases, it is often necessary to deposit a sample of the microorganism with an International Depositary Authority – IDA, which are specialized institutions recognized by the World Intellectual Property Organization (WIPO) that ensure the proper reception, acceptance, and preservation of the microorganisms samples.

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Current Challenges for Brazilian Inventors

Currently, as Brazil is not a signatory to the Budapest Treaty, Brazilian inventors are compelled to deposit the microorganism abroad. This requirement imposes additional costs and technical barriers, given that the only IDAs in Latin America are located in Mexico and Chile. Despite having institutions with the expertise and interest to serve as IDAs, such as Embrapa’s Genetic Resources and Biotechnology Center (Cenargen), Brazil cannot designate without treaty membership.

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Benefits of Accession

Brazil’s accession to the Budapest Treaty is expected to deliver several key benefits:

• Simplified Procedures: standardizes and streamlines the deposit process for microorganisms, improving efficiency for Brazilian inventors.
• Reduced Costs: eliminates the need for Brazilian inventors to send microorganisms to IDAs in other countries, significantly lowering costs.
• Increased Legal Certainty: provides a globally recognized framework, enhancing legal certainty for patent applicants in the biotechnology field.
• Strengthened National IP System: bolsters Brazil’s intellectual property framework, particularly in biotechnology, and integrates national researchers and institutions into global innovation networks.
• Potential for Local IDAs: enables qualified Brazilian institutions to apply for IDA status, fostering domestic expertise and infrastructure.

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Next Steps

CRE’s approval marks a crucial step towards Brazil’s full integration into this important international agreement. We will continue to monitor the progress of PDL #466/2022 as it moves to the Plenary and provide updates of any further developments.

This move highlights Brazil’s commitment to fostering innovation and aligning its intellectual property framework with international best practices.

Should you have any questions regarding the implications of this development for your patent portfolio or require assistance with microorganism patenting, please do not hesitate to contact us via the e-mail info@lickslegal.com.