On June 1, 2022, the Brazilian Patent and Trademark Office (BRPTO) started the public consultation on the Technical Note BRPTO/CPAPD No. 01/2022, which establishes the technical parameters for the examination of patentability of inventions related to transgenic plants, with a focus on elite events.

The purpose of the Technical Note is to explain and harmonize the examination parameters for assessing patent applications directed to this type of invention vis-à-vis the patentability restrictions of Art. 18 (III) and Art. 10 (IX) of Law 9,279/96 (Brazilian Industrial Property Law), as well as novelty and inventive activity requirements.

It should be kept in mind that plants per se are not entitled to receive patent protection in Brazil, which opted for a sui generis system for providing IP protection for new Plant Varieties, which is separated from the patent system. However, accessory inventions, such as transformation methods, DNA constructions, and methods for identifying elite events, can be patented in our country provided that they meet the patentability requirements.

The public consultation will remain open for 30 days from June 1, 2022.

For more information (in Portuguese), click here.

 

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