Brazil has officially joined the Budapest Treaty on the International Recognition of the Filing of Microorganisms for the Purposes of Patent Procedure, through Decree No. 13,011/2026.
This development represents a significant step forward for innovation-driven industries.
What changes in practice?
The Treaty allows a single filing of microorganisms in an internationally recognized authority to be valid across all member countries.
Key benefits include:
- Elimination of multiple filings
- Cost reduction
- Simplified procedures
- Greater predictability
Legal certainty and efficiency
Brazil’s accession is driven by:
- Simplification of biological material filings
- Reduced costs for global patent strategies
- Increased legal certainty
This unified system enhances reliability in handling and accessing biological samples.
No changes to current BPTO procedures
According to the Brazilian Patent and Trademark Office, current patent filing procedures involving biological material remain unchanged.
Brazil already recognizes filings made in foreign International Depositary Authorities (IDAs).
Opportunities for Brazilian institutions
As a member, Brazil can now seek recognition from the World Intellectual Property Organization for local institutions to act as IDAs.
Entities such as:
- Embrapa
- Fiocruz
are already preparing for this role.
Once approved, local filings will become a reality, reducing logistical burdens.
Impact for international companies
For foreign applicants, this means:
- Stronger alignment with global IP standards
- Reduced complexity in multi-jurisdiction filings
- Improved legal certainty in Brazil
- Enhanced attractiveness of the Brazilian market
Brazil’s accession to the Budapest Treaty marks an important milestone for the country’s IP landscape.
Tavares IP supports companies in structuring and protecting biotech innovations in Brazil. Contact us to optimize your patent strategy.
