A new chapter for biotech patents in Brazil
By Rebeca Rocha and Marcus Paschoal
On June 10, 2026, the Brazilian Government officially published Decree No. 13,011/2026, marking the formal promulgation of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. This treaty was signed on April 28, 1977, and amended on September 26, 1980, together with its Implementing Regulations, adopted on April 28, 1977, and amended on January 20, 1981, October 1, 2002, and July 22, 2022. The Budapest Treaty consists of an international agreement in which biological material may be deposited in any International Depositary Authority (IDA), being recognized by all member states.
The Brazilian Industrial Property Law (Law No. 9,279/1996) establishes that the specification of a patent must describe the subject matter clearly and sufficiently so as to enable a person skilled in the art to carry it out. In the event of biological material, which is essential to the practical realization of the object of the application but cannot be described clearly and sufficiently in the specification nor is publicly accessible, the application shall be supplemented by depositing the material in (i) an institution authorized by the BPTO, (ii) indicated in an international agreement in force in the country, or (iii) with any of the international deposit authorities recognized by the Budapest Treaty.
By incorporating this landmark international agreement into its domestic legal framework, Brazilian and foreign depositors may deposit biological material in Brazil, in a local IDA, instead of remitting the materials abroad to be deposit in foreign IDAs. With the treaty in force, domestic and foreign innovators can now manage biological deposits far more efficiently, mitigating exorbitant costs, logistical barriers, and regulatory complexities previously associated with transferring and maintaining viable scientific samples across international borders.
Beyond immediate administrative relief, the promulgation paves the way for prominent Brazilian scientific institutions to seek formal designation as IDAs, fostering a robust domestic network of globally recognized depositaries. This structural enhancement significantly reinforces legal certainty, attracts foreign direct investment in high-tech research, and positions Brazilian science at the forefront of international innovation chains. By modernizing its patent infrastructure, Brazil reinforces its long-term commitment to nurturing a highly competitive, legally secure, and efficient ecosystem for biotechnological development and industrial property protection.
The Decree No. 13,011/2026 is available here.
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