Biopatents in Brazil
Biotechnology is at the core of bioeconomy and plays a key role in modern societies. Currently, Brazil is engaged in many cutting-edge projects in the biotech sector, from energy production to promotion of health and provision of foodstuffs. Also, Brazil’s rich and complex biodiversity, which accounts for 15-20% of the entire world’s biological diversity, may provide a great source of new molecules to the industry. Moreover, awareness and use of the intellectual property system have expanded in the country and the number of patent applications filed by residents has substantially increased over the years. In fact, statistics show that filings with the Brazilian Patent Office rose from 5,666 applications in 1997 to a peak of 7,502 applications in 2004, decreasing a little in 2007 to 6,975 applications. However, due to a very particular regulatory framework, researchers and companies still find some difficulties to do research and protect their inventions in the country. This article focuses on patent protection for biotechnological inventions in Brazil and discusses the main issues arising from the existing legislation and practice.