News

New Procedures related to Biotechnology Applications

Over the years it is increasingly evident the effort made by the Brazilian PTO to streamline and expedite the examination of patent applications. One of the most problematic areas and whose backlog in the analysis of applications is increasing is the Biotechnology area.

This occurs mainly because of the growing number of applications in this area and their complexity, beyond the lack of update of the mechanisms related to their examination.

Therefore, to accelerate the examination of such applications, the BPTO has developed new procedures, described in Resolution No. 228, of November 11, 2009, regarding the filing of patent applications in this area.

The Resolution No. 228 states that the Sequence Listing must be submitted at time of the filing of the patent application or, at most, until the date of request for examination (i.e., 36 months counted from the international filing date), in electronic file format in non-rewritable CD or DVD. The electronic file should be generated in text format (TXT), in accordance with Article 3 of this resolution.

The CD / DVD containing the electronic file in TXT format should also contain a second electronic file in PDF format, corresponding to the full and identical copy of the Sequence Listing submitted in TXT format.

This electronic file in PDF format is generated by the applicant from the TXT file through a computer program provided by the BPTO on the Internet, called SisBioList. The CD / DVD also must contain a third electronic file corresponding to the alphanumeric control code of the sequence listing, which aims to certify the authenticity of its contents.

The submission of nucleotide and / or amino acid Sequence Listing should follow the standard adopted internationally (WIPO Standard ST.25, as defined by the World Intellectual Property Organization – WIPO).

All this change on the submission of the sequence listing is intent to provide it to the public access by the PTO and facilitating the work of the examiners in the analysis and comparison of different Sequences Listings.

There is no doubt that the implementation of these new procedures represents a great advance in the process of modernization and accelerating the examination of applications in the biotechnology area.

Carmen Sánchez-Puelles