As part of the celebrations marking the 30th anniversary of the Brazilian Industrial Property Law (Law No. 9,279/96), the Brazilian PTO has released a report summarizing proposals for potential amendments to the current legislation, together with comments from its internal technical departments (as in our prior client alert).
The topics addressed in the report were the subject of internal discussions among technical specialists, with the evaluation and validation of proposed changes being conducted by the BPTO’s senior management, responsible for implementing the Institute’s strategic objectives. In particular, the proposals were reviewed by DIRPA (Patent Department) and CGREC (General Coordination of Appeals and Administrative Nullity Proceedings) with respect to patent-related matters. This initiative represents an important milestone aimed at further aligning Brazilian patent examination practice with international standards adopted in other jurisdictions.
Of particular relevance to the life sciences sector and highlighted as a priority by the Brazilian PTO, the report recognizes the need to reassess certain patentability provisions in light of technological advances. It identifies revisions to Articles 10 and 18 of the Brazilian IP Law, in relation to the definition of non-patentable subject matter, to potentially allow patent protection for: plant extracts with pharmacological activity; microorganisms isolated from nature with potential application in bioprocesses; peptides that constitute “parts” of naturally occurring proteins but exhibit distinct biological activity; and plants whose genomes have been edited through gene-editing techniques.
The report also addresses several procedural and substantive issues relevant to patent prosecution practice. With respect to divisional applications, the Brazilian PTO is considering measures to further regulate divisional practice, including restrictions aimed at preventing double patenting and limiting the number and timing of divisional filings. In addition, the report discusses amendments to patent applications and the interpretation of subject matter originally disclosed, suggesting that further clarification may be provided through revised examination guidelines rather than through statutory changes.
While the final consolidated draft incorporating the proposals has not yet been released and is expected to be subject to public consultation, the report provides valuable insight into the Brazilian PTO’s current thinking and reflects an unprecedented institutional openness to reconsidering the scope of patent-eligible subject matter in Brazil. If implemented, these changes could have significant implications for the pharmaceutical, biotechnology, and agribusiness sectors.
We remain at your disposal should you require further details and will continue to monitor and report on any further developments from the Brazilian PTO.
