Supplementary Data Regarding Access to Genetic Heritage

August 27, 2024

The BRPTO has announced in a Notice on its Official Gazette #2799, dated August 27, 2024, that for patents whose applications have indicated a “Positive Declaration of Access to Genetic Heritage” but the applicant/owner has not provided the supplementary information regarding the registration number and date or the access authorization, as required by Brazilian legislation on access to genetic heritage (Article 47 of Law #13,123/2015), the patent owner will be requested, via the email address registered in the administrative process, to address the pending regularization within 60 days and provide this information.

Failure of the owner to respond may result in an invalidity lawsuit, as outlined in Article 56 of Law #9,279/1996 – the Brazilian Patent Statute.

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