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Protection of Microorganism in Brazil

Many times, for patent applications in the biotechnology area, the biological material is essential for carrying out into practice the application object; however the same can’t be described under terms of article 24 and, also, it is not accessible to the public.

In the above respect, Resolution no. 144/20215 provides that the specification shall be supplemented by the filing of the biological material with an institution authorized by the Brazilian Patent and Trademark Office (BPTO) or, else, indicated by the Budapest Treaty.

Representative examples include bacteria, archaea’s, protozoans, virus, fungi, algae, seeds, strains of animal cells and vegetables; hydromas, artificial chromosomes and other vectors, there being possible, for some of these cases and in line with the requirements of the center selected, the deposit of the cells hosting these bacteriological materials.

We are in position to aid our clients for filing the biological samples with international organisms, in terms set down by the Resolution.

Carmen Sánchez-Puelles