This Wednesday, June 10, Decree #13,011/2026 was published in the Federal Register, through which the Brazilian Government promulgates the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, signed on April 28, 1977 and amended on September 26, 1980, together with its Implementing Regulations, adopted on April 28, 1977 and amended on January 20, 1981, October 1, 2002, and July 22, 2022.

Consisting of 20 articles, the Budapest Treaty aims to standardize and simplify the requirements related to the deposit of microorganisms in patent procedures. The Treaty’s main change is the mutual recognition, by all member states, of microorganisms deposits made with any International Depositary Authority (IDA), thereby allowing a single deposit to be valid for patent applications in over 90 countries.

The incorporation of the Treaty marks a significant advancement for Brazil’s intellectual property system, especially in the biotechnology sector, where protection generally requires the deposit of biological material.

Under the Brazilian Patent Statute (Law #9,279/1996), the wording of the claim of an invention must be sufficiently detailed to allow its reproduction by a person skilled in the art once the patent term expires. For inventions involving microorganisms, this requirement is met through the deposit of live biological material, since the complexity and instability of such material often preclude adequate disclosure by written description alone.

With Brazil’s accession to the Treaty, both domestic inventors and foreign patent holders may deposit biological material directly within Brazilian territory, provided the deposit is made with an institution recognized as an IDA. This eliminates the need to send and maintain samples abroad, thereby reducing costs and simplifying procedures.

This measure is part of Brazil’s efforts over the years to position itself in the global biotechnology sector and to strengthen the protection of intellectual property assets developed in this field.

By becoming a Contracting State to the Treaty, Brazil also opens the path for national scientific institutions to apply for recognition as IDAs, enabling the formation of a domestic network of depositary authorities. This initiative will promote stronger legal certainty, encourage innovation, and further integrate Brazilian researchers into global innovation chains.

The incorporation of the Budapest Treaty reflects Brazil’s commitment to fostering development and innovation in the field of biotechnology by enabling a more efficient and less burdensome environment for the protection of biotechnological assets in the country.

The full text of the Decree #13,011/2026 is available in Portuguese here.

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