Agreement reduces filing costs for patents developed by scientific institutions and biotechnology companies.
19/01/2023 – 19:25 – Andréa Rêgo Barros/Prefeitura de Recife
Draft Legislative Decree (PDL) 466/22 approves the text of the Budapest Treaty, of the World Intellectual Property Organization (WIPO), which deals with the criteria for the recognition of patents involving microorganisms, such as those related to vaccines and medicines. The text is pending in the Chamber of Deputies.
The treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure has been in force since 1977 and currently has 87 signatory countries. The objective of the agreement is to facilitate procedures and reduce the costs of depositing patents developed by scientific institutions and biotechnology companies.
According to the government, which sent the text of the multilateral treaty to the Chamber by means of a message (MSC 446/20), the deposit of biological material contributes to the “descriptive sufficiency of a patent application, as it complements information about the invention that prove impossible to describe discursively”.
The granting of a patent for an invention is conditioned, among other factors, to the presentation of its detailed description when filing the patent application in the country.
Composed of 20 articles, the Budapest Treaty provides the rules for the deposit of microorganisms for the purpose of applying for and granting a patent. According to the text, all signatory countries are obliged to recognize the deposited microorganisms as part of the patent obtaining procedure.
The deposit of biological material will be made with an International Depositary Authority (IDA), a scientific institution, local or international, specialized in this type of service. These institutions must ensure the reception and conservation of microorganisms and the shipment of samples.
O tratado define as características das IDAs e o seu credenciamento junto à OMPI, e os direitos à imposição de restrições à exportação e à importação de microrganismos depositados. Também traz regras sobre as competências dos órgãos internacionais que garantem a execução do acordo multilateral, como a assembleia e a secretaria internacional.
[huge_it_slider id=”15″]The treaty defines the characteristics of IDAs and their accreditation with WIPO, and the rights to impose restrictions on the export and import of deposited microorganisms. It also brings rules on the competences of international bodies that guarantee the implementation of the multilateral agreement, such as the assembly and the international secretariat.
The project will be analyzed by the Science and Technology, Communication and Informatics commissions; Economic Development, Industry, Commerce and Services; and Constitution and Justice and Citizenship. It will then proceed to the House Plenary.
Reporting – Janary Junior
Editing – Roberto Seabra
Source: Câmara de Notícias Agency