On Tuesday, June 24, 2025, Legislative Decree #174/2025 was published in the Federal Register, through which the Brazilian Congress approved and incorporated into law the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, concluded in 1977 under the framework of the World Intellectual Property Organization (WIPO).

Consisting of 20 articles, the Budapest Treaty aims to standardize and simplify the requirements related to the deposit of microorganisms in patent procedures. The main change consists of 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 all other member countries – currently numbering over 90.

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 technically qualified expert 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 through written description alone.

With Brazil’s accession to the Treaty, domestic inventors and foreign patent holders may deposit biological material directly within Brazilian territory, as long as 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 the procedures related to the deposit of biological material.

This measure is part of Brazil’s efforts through 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.

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