INPI Enacts Memorandum of Understanding on Bilateral Cooperation with Indecopi (Peru) and Begins Priority Examination of Patent Applications in the Field of Biopharmaceuticals
According to a decision published in the Industrial Property Gazette of August 11, 2026, INPI (the Brazilian Patent and Trademark Office) selected nine patent applications to launch its Collaborative Examination Project for Patent Applications with Indecopi (the Peruvian patent office). The project arises from the Memorandum of Understanding on Bilateral Cooperation signed by the two countries in 2025 and included applications that simultaneously meet three criteria:
- Applications belonging to the technical fields of pharmaceuticals (pharmochemicals and biopharmaceuticals), biotechnology, and natural products;
- Applications filed via the Patent Cooperation Treaty (PCT), with corresponding applications in the patent families of both offices;
- Applications with a National Phase entry date between October 1, 2022 and July 31, 2023.
These selected applications will be removed from the regular examination queue and will have their technical examination brought forward. In the processing of applications included in the project, no preliminary technical office action will be issued.
Why This Matters
Although the Memorandum signed between Brazil and Peru (countries that share the Amazon biome) is not specifically tied to the Convention on Biological Diversity (CBD), it does not seem coincidental that the collaboration between Brazil and Peru in the patent field has inventions involving biodiversity assets as one of its priorities. It is worth recalling that, in 2024, the World Intellectual Property Organization (WIPO) approved an international treaty addressing transparency requirements on the use of biodiversity for inventions for which patent protection has been sought.
Although this treaty is not yet in force, Brazilian legislation already requires disclosure of whether access to Brazilian biodiversity occurred as a requirement for patent examination, based on the Biodiversity Law and its regulatory decree. Similarly, for several years Indecopi has submitted observations in aid of examination before foreign offices to curb potential biopiracy involving Peruvian biodiversity assets. The renewed collaboration between the two offices demonstrates the importance of regulatory compliance in the use of biodiversity assets, including viruses and bacteria.
Our Patents and Life Sciences teams are available for any clarifications.