By Marisa Moura Momoli, Deputy Coordinator of ABPI’s Plant Varieties & Biotechnology Committee.
On November 27, 2024, Brazil’s Chamber of Deputies approved Legislative Decree Bill (PDL) 466/2022, which concerns Brazil’s accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. On December 5, 2024, the bill was forwarded to the Federal Senate for review and deliberation.
Patent law requires a sufficient description, meaning the invention must be described in precise and complete terms to enable reproduction by a person skilled in the field. In biotechnological inventions, when the description of biological material is insufficient for reproduction, it becomes necessary to deposit the material in an authorized institution, such as the International Depositary Authorities (IDAs) recognized by the Budapest Treaty.
The Budapest Treaty is an international agreement allowing inventors to deposit samples of microorganisms with a single recognized IDA instead of depositing them in every country where patent protection is sought. It simplifies procedures and reduces costs for depositors.
By joining the Treaty, Brazil can establish its IDAs, further streamlining the process for Brazilian inventors. Currently, the only IDA in South America is in Chile. It is important to note that different IDAs specialize in storing various types of biological materials, including bacteria, archaea, protozoa, viruses, fungi, algae, seeds, animal and plant cell lines, hybridomas, artificial chromosomes, and more.
Each IDA is designated to handle specific types of biological materials. In Brazil, several institutions, such as Embrapa and Fiocruz, have expressed interest in becoming recognized as IDAs. This would also expand the range of biological materials eligible for deposit.
As the country with the world’s greatest biodiversity and a significant number of inventions involving biological materials, Brazil’s establishment of IDAs could lower costs for domestic inventors, reduce bureaucratic hurdles related to customs and sanitary regulations, and enhance legal certainty. Furthermore, it would stimulate research and development within the country, strengthening the bioeconomy, which is increasingly becoming a cornerstone of Brazil’s industrial policies.
The approval of PDL 466/2022 represents a critical milestone for national scientific and technological development, particularly in biotechnology. By simplifying the process of depositing biological material for patent purposes, the Budapest Treaty significantly contributes to the protection of intellectual property and the promotion of innovation in Brazil.
