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Brazil Joins the Budapest Treaty: A New Era for Biotechnology Patents


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June 16, 2025

On June 11, 2025, Brazil’s Federal Senate approved the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. The Legislative Decree Bill (PDL 466/2022) now moves forward for formal enactment.

This milestone marks a significant step toward streamlining the patent application process for innovations involving living microorganisms.

Under the Budapest Treaty, established in 1977, inventors seeking patent protection for microorganism-based innovations must often submit live samples in addition to written descriptions. These biological materials are deposited with an International Depositary Authority (IDA), which is responsible for receiving and preserving microorganism samples.

Until now, Brazil had not been a signatory, requiring local inventors to send their biological samples abroad—driving up costs and creating technical barriers. Currently, the only IDAs in Latin America are located in Mexico and Chile. With Brazil’s accession, the country will now be able to designate its own institutions as recognized IDAs.

Key Benefits:

  • Global Recognition: A single deposit with an IDA will be acknowledged by all treaty member countries.
  • Lower Costs: Eliminates the need to send biological samples overseas.
  • Enhanced IP Infrastructure: Strengthens Brazil’s intellectual property system, particularly in the biotechnology sector.
  • Greater Global Integration: Facilitates broader participation of Brazilian researchers and institutions in international innovation networks.

This is a major win for the Brazilian innovation ecosystem—promoting a more dynamic, accessible, and competitive environment for biotechnological development.

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