Newsletter Edition 47 - May 2023


ABPI Contributes to BPTO’s Technical Note on the Patentability of Transgenics

The BPTO released, on May 9th, the Technical Note INPI/CPAPD No. 01/2023, guiding the patentability of inventions related to transgenic plants, with a focus on elite events.

In March 2022, the BPTO published an initial version of the technical note. However, it raised questions, especially regarding eligibility exemptions interpretation for “parts of living organisms” under Article 18, item III, of the Brazilian Industrial Property Law. 

ABPI requested the BPTO to suspend the initial version and conduct a Public Consultation to improve the technical note, enabling contributions from entities representing users of the patent system. The request for a Public Consultation was granted, and ABPI’s Committee on Cultivars and Biotechnology, along with the Patents Committee, joined forces and held discussions with experts in the field, compiling technical and legal contributions sent to the BPTO.

The outcome of the Public Consultation was highly positive: the BPTO did an excellent job reviewing the technical note and accepting strictly technical suggestions proposed by ABPI, demonstrating openness to dialogue with civil society.

The new version of the Technical Note can be found at the following link