Brazil Ratifies the Budapest Treaty: A Strategic Step to Strengthen Biotechnological Innovation

On June 11^th, 2025, the Brazilian Senate approved Legislative Decree No. 466/2022, ratifying Brazil’s accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Purposes. The decree now awaits enactment.

This marks a significant step for Brazil’s alignment with international standards in the patent field, particularly regarding inventions involving biological material. Once formalized, the accession will allow biological deposits to be made in any International Depositary Authority (IDA) recognized by the World Intellectual Property Organization (WIPO), with a single deposit sufficing for patent procedures in all contracting States.

Currently, Brazilian applicants must export biological material to IDAs abroad,adding significant logistical complexity and cost. The absence of an IDA in Brazil also limits local capacity for storing and managing biological samples critical for patent protection, especially in agriculture and biotechnology.

Accession to the Treaty creates the legal basis for Brazilian institutions—such as Embrapa’s Cenargen, Fiocruz, the Federal University of Rio de Janeiro, and the Rio de Janeiro Cell Bank—to apply for IDA status. This would enable deposits to be made within the country, lower transaction costs, and strengthen Brazil’s autonomy in biotechnological innovation.

This measure is expected to strengthen Brazil’s intellectual property system and foster greater participation by local researchers and institutions in global innovation networks, particularly in the biotechnology sector.

The accession to the Budapest Treaty is a long-awaited development, discussed at the INPI for over a decade. Its implementation will require secondary regulations to define the procedures for deposit recognition and institutional certification.

We remain available to support clients and partners in understanding the forthcoming legal and operational adjustments, and to identify strategic opportunities arising from this change.