On June 9, 2026, Brazil enacted the Budapest Treaty through Decree No. 13,011, formally incorporating into Brazilian law the international system for the recognition of deposits of microorganisms for patent purposes.
The Budapest Treaty allows a single deposit of a microorganism or other eligible biological material with an International Depositary Authority (IDA) to be recognized by all member countries. This eliminates the need for multiple deposits in different jurisdictions and significantly simplifies international patent protection strategies for biotechnological inventions.
The Treaty is particularly relevant for Brazil since Article 24, sole paragraph, of the Brazilian Industrial Property Law (Law No. 9,279/96) requires the deposit of biological material whenever an invention incorporating the same cannot be sufficiently disclosed in the patent specification and the material is not accessible to the public. In such cases, the deposit serves as a complement to the written description, enabling its reproduction by a person skilled in the art.
Brazil’s accession strengthens the country’s innovation ecosystem, reduces costs and logistical burdens for National applicants, and creates opportunities for Brazilian institutions to become IDAs.
Brazilian government’s commitment to the Budapest Treaty extends beyond its formal accession. The investment of R$ 14.9 million made by the Federal Government to support the accreditation of Embrapa (Brazilian Agricultural Research Organization) as an IDA demonstrates a strategic effort to strengthen the country’s biotechnology and innovation infrastructures.
This measure is expected to further stimulate research, development, and patent protection in the fields of biotechnology, pharmaceuticals, and agriculture in the country, consolidating Brazil as an increasingly important player in the global innovation landscape.