Brazil’s Chamber of Deputies approves adhesion to the Budapest Treaty

On November 27, 2024, the Chamber of Deputies approved Bill 466/2022, which addresses Brazil’s adhesion to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. The bill now moves to the Senate for consideration.

The Budapest Treaty, already ratified by around 80 countries, aims to facilitate the patenting process for inventions involving microorganisms. Currently, one of the requirements for patent protection is the sufficient description of the invention so that third parties can reproduce it after the end of the protection period. However, when the invention utilizes biological material, such as microorganisms, the written description may be insufficient.

In such cases, the Budapest Treaty allows the deposit of biological material in a single International Depositary Authority (IDA) to be recognized by all signatory countries, eliminating the need for multiple deposits and reducing costs for inventors.

By acceding to the Treaty, Brazil can establish its own IDAs, further simplifying the process for Brazilian inventors. Currently, the only IDA in South America is in Chile. Having Brazilian IDAs offers several advantages, including reduced costs and bureaucracy, enhanced legal certainty, and encouragement of innovation.

The approval of Bill 466/2022 represents an important step towards fostering innovation in Brazil.

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