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>[26.Jun.09]
Patents – Changes in the indication of
access to the brazilian genetic heritage
Source: Infomail ABREU, MERKL no. 26
The Brazilian National
Institute of Industrial Property (INPI/BR) published
Resolutions no. 207/09 and no. 208/09, dated 24.Apr.2009,
and no. 209/09, dated 30.Apr.2009, regulating the procedures
for the indication of access to the Brazilian genetic
heritage in patent applications filed in Brazil.
The prior Resolution
no. 134/06, dated 13.Dec.2006, now revoked, created
new patent application forms in which the applicant
had to declare if the patent subject matter was obtained
from the Brazilian genetic heritage or not. If applicable,
the applicant had to indicate, at time of filing, the
number of the governmental authorization for accessing
components of the Brazilian genetic heritage or related
traditional knowledge.
In accordance with the
new regulation, such indication shall now be done in
a specific form and may be submitted in a later time,
simplifying filing procedures. Furthermore, during examination,
the INPI/BR may request the submission of the form with
the respective positive or negative declaration regarding
the access to the Brazilian genetic heritage.
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