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Hot topic – BPTO starts issuing office action on access to the genetic heritage  

As of February 27, 2018, the Brazilian Patent and Trademark Office (BPTO) started automatically issuing a formal office action for all patent applications filed in Brazil regarding the access to National Genetic Heritage and/or Associated Traditional Knowledge.

According to the Biodiversity Law, the applicant who has accessed the National Genetic Heritage and/or Traditional Associated Knowledge must present proof of registration and/or authorization of access within one year counted from November 6, 2017.

The deadline for proving such access is 60 (sixty) days counted from the publication date of the office action. In the absence of applicant’s response, the BPTO will consider that there was no access to the Genetic Heritage and/or Traditional Associated Knowledge, and will continue the substantive examination of the patent application.

The statement is available in full (in Portuguese) at