Newsletter
12 de May de 2023
The Brazilian PTO published a new technical opinion regarding the patentability of inventions related to transgenic plants
On May 9, 2023, the BPTO released the INPI/CPAPD technical opinion No. 01/2023, which provides guidance on the patentability of inventions related to transgenic plants, focusing on elite events.
The newly published technical opinion results from the revision of a technical opinion published in March 2022 and which was submitted to Public Consultation. The main point that led to the Public Consultation was the interpretation that everything that has been inserted into a cell, including DNA molecules, would be part of a living being, unless it was isolated. If it was inside the plant, it would not be patentable. The BPTO modified this wording, making clear that DNA molecules, isolated or not, may be eligible to patent protection, provided they are different from natural molecules.
Additionally, the BPTO maintained the concept of main and accessory inventions, maintaining the opinion that to evaluate the inventive step of transgenic plants it will be necessary to discuss the inventive step of the transgenic plant, which is the main invention and the core of the inventive concept. However, such accessory inventions would still need to be examined for the other patentability criteria.
Finally, unlike the initial wording that “it would always be necessary” to deposit seeds in Depositary Centers when the accessory invention is related to transgenic plants, the new wording clarifies that whenever the application claims matter that, at the time of deposit/priority, is obtained by processes involving randomness, it will be necessary to deposit seeds or equivalents with a Depositary Center for descriptive sufficiency purposes.
In case you need more information on this matter, we are at your disposal by means of email: mail@kasznarleonardos.com.
Last related news
4 de September de 2026
CONAR Tightens Betting Advertising Rules: New Restrictions on Influencers and Stronger Protections for Minors
On August 27, 2026, the National Council for Advertising Self-Regulation (CONAR) approved, significant updates to the Annex “X” of the Brazilian Advertising … CONAR Tightens Betting Advertising Rules: New Restrictions on Influencers and Stronger Protections for Minors
1 de September de 2026
Brazil Increases the Monthly Fast-Track Examination Limit for Telecommunication Patent Applications, Including PPH
By means of Ordinance 07/2026, published on September 1, 2026, the BPTO has announced an increase in the monthly limit for fast-track examination … Brazil Increases the Monthly Fast-Track Examination Limit for Telecommunication Patent Applications, Including PPH
31 de August de 2026
Brazilian Agency fines tech company BRL 153 Million, raising the bar for digital enforcement
The Brazilian Data Protection Agency (“ANPD”) has imposed a BRL 153.7 million fine on a tech company, primarily for alleged irregularities in the processing … Brazilian Agency fines tech company BRL 153 Million, raising the bar for digital enforcement