Accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

On October 20, Brazil submitted its instrument of accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and its revised regulations at the World Intellectual Property Organization (WIPO) in Geneva. Brazil will become the 92nd signatory to the Treaty.

This marks another step in the modernization of Brazil's intellectual property system and in the promotion of national biotechnology development. By joining the treaty, Brazil will be able to appoint national institutions to act as International Depositary Authorities (IDAs) — that is, to receive biological material for patent procedure. This should reduce the costs of biotechnology patent application and simplify logistical challenges faced by Brazilian researchers and inventors when depositing microorganism samples to comply with the sufficiency of disclosure requirements established in national patent law. Accession to the treaty will also offer an incentive to other countries that wish to deposit biological material in Brazil.

Brazil’s accession to the Budapest Treaty is in line with public policies promoting innovation, biodiversity protection, and scientific and technological development. It also represents a milestone in the same year Brazil is hosting COP-30 and strengthens Brazil’s position as a leader in the conservation and sustainable use of genetic resources.