Brazil moves forward with accession to the Budapest Treaty: streamlined procedures and greater legal certainty for biotech patents

The Senate Committee on Foreign Relations approved today (May 22) the Draft Legislative Decree (PDL 466/2022) that ratifies Brazil’s accession to the Budapest Treaty, an international agreement that governs the recognition of microorganism deposits for patent purposes. The proposal now proceeds to the Senate floor for a final vote.

Signed in 1977 and administered by the World Intellectual Property Organization (WIPO), the treaty currently has over 80 member countries. Brazil’s accession represents a strategic step forward in the field of biotechnology, with meaningful impacts for inventors, innovative companies, and scientific institutions.

What changes with Brazil’s accession to the treaty:

• Brazil will be able to designate national institutions as International Depositary Authorities (IDAs), such as Embrapa’s Genetic Resources and Biotechnology Center (Cenargen), eliminating the need to send biological material abroad.
• Lower costs and reduced technical barriers for Brazilian applicants, who currently rely on IDAs located in Mexico and Chile.
• Greater legal certainty in patent applications involving microorganisms, particularly in terms of sufficiency of disclosure.
• Strengthening of the national IP system and improved integration of Brazilian researchers into global innovation networks.

To be recognized as an IDA, institutions must meet specific criteria, including adequate technical infrastructure, proper security and confidentiality protocols, and the capacity to issue receipts and preserve biological samples. Accession to the treaty also fosters a more favorable regulatory environment for innovation and the bioeconomy.

Political context: The proposal was approved by the House of Representatives in November 2024 and is now moving forward in the Senate with technical support from the Ministry of Foreign Affairs. According to the government’s official statement, this measure is part of a broader national strategy to support biotechnology, including the establishment of the Biological Resource Center Network (Rede CRB).

Our perspective: From an Intellectual Property standpoint, the Budapest Treaty addresses a longstanding gap in the Brazilian patent system and may accelerate the development of technologies based on living organisms. From a Government Affairs perspective, this is a consistent move within Brazil’s broader strategy to reposition itself globally in scientific and technological innovation — and is unlikely to face opposition in the Senate floor.

Our team continues to monitor the next steps in Congress and the practical implications for clients in the biotech, health, agribusiness, and pharmaceutical sectors. We remain at your disposal to provide guidance and explore how this change may benefit your innovation strategy.