New Guidelines for Examining Patent Applications related to Biotechnology

On December 1st, Normative Instruction INPI/PR nº 118 was published, which institutes the new version of the Guidelines for Examining Patent Applications related to Biotechnology Inventions, with immediate entry into force.

Focused on the continuous improvement of patent examinations in the field of biotechnology, as well as in the others, the new Guidelines are the result of rounds of internal and public consultations, and the understanding of the dynamism involved in technical examinations and aim to better detail, as well as update the guidelines of the area, which had their last update in 2015.

Our partner and Head of Patents, Leonardo Cordeiro, states that:

“The proposed amendment to the publication of Normative Instruction 118 is fundamental, and demonstrates the Brazilian Patent and Trademark Office’s (BPTO) concern about the clear direction that the examiners need to address important issues such as biodiversity and agribusiness, where Brazil has a very strong sector, develops many patents within the theme, and also receives several foreign patents for analysis.

In conclusion, it is essential to have clear guidelines for patent examinations in biotechnology, but also the understanding shown by the BPTO to be already working on changes and updates for the future, as it understands the dynamism that these guidelines require and can follow the progress that happens daily in the area.”

To read the complete guideline, in Portuguese, please access: https://bit.ly/DIRPABiotec-2020