Brazilian PTOs publishes a technical note providing guidance on the patentability of elite events
On March 17, 2022, the BPTO released the INPI/CPAPD technical note No. 01/2022, which provides guidance on the patentability of inventions involving transgenic plants, with a focus on elite events.
In a transgenic process, an exogenous DNA is inserted into a living being, which will confer characteristics of interest. The aforementioned insertion of DNA into the genome of the host organism, through traditional techniques, occurs randomly, and it is not possible to know exactly where the gene construct will be inserted. Each of the insertions into the genome is known as a transformation event. The event that better performs is known as elite event.
The technical note defines an elite event as an event of plant transformation (1) through the insertion of a transgene (2) with the employment of a genetic construct (3) in a stable way, in which this insertion occurs at a specific location in the plant genome (4) and confers a superior technical effect when compared to the other transformation events (5).
For novelty assessment purposes, the five distinguishing features presented above should not be disclosed in a single document.
Transgenic plants, even from elite events, are not patentable in Brazil, according to Article 18 (III) of the Industrial Property Law (IPL). For the purpose of evaluating the inventive step, in accordance with the aforementioned technical note, it will be necessary to discuss about the patentability of the plant, as it is at the core of the inventive concept, linking the main invention to accessory inventions. Among the accessory inventions related to elite events it is possible to mention hybrid DNA molecules and elite event detection method, for example.
The inventive step of an accessory invention related to transgenic plants would come from the technical effect of the main invention. In this way, the recognition of the inventive activity of the transgenic plant would be extended to accessory inventions, which must still be examined in terms of other patentability requirements.
Last related news
August 16, 2022
Brazilian National Health Surveillance Agency (ANVISA) decides to ban Carbendazim
On August 8th, 2022, during the 12th Extraordinary Public Meeting of DICOL, ANVISA’s Collegiate Board of Directors announced the completion of the toxicological … Brazilian National Health Surveillance Agency (ANVISA) decides to ban Carbendazim
July 19, 2022
Carbendazim toxicological revaluation about to be completed by ANVISA
In December 2019, ANVISA started the process of toxicological revaluation of the Active Ingredient (AI) Carbendazim, as signs of toxicity were identified … Carbendazim toxicological revaluation about to be completed by ANVISA
July 6, 2022
Compulsory license: patent owners in Brazil are under no obligation to provide know-how and raw materials
Good news for patent owners in Brazil: the National Congress has upheld the President’s veto n° 48/2021, which prevented those who had their … Compulsory license: patent owners in Brazil are under no obligation to provide know-how and raw materials