Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure Promulgated in Brazil

With the publication of Presidential Decree No. 13.011/2026 on June 10, 2026, Brazil has finally acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, following years of discussion within the Executive and Legislative branches. This treaty—signed in Budapest in 1977 and amended in 1980—aims to ensure that biotechnology patents meet the requirement of sufficient disclosure through the deposit of biotechnological microorganisms at institutions possessing infrastructure recognized under the treaty. These institutions, known as International Depositary Authorities (IDAs), are responsible for maintaining the viability of deposited microorganisms, ensuring they remain accessible and their structure can be understood.

To become an IDA, an institution must be located in a State Party to the Budapest Treaty and obtain accreditation from WIPO (World Intellectual Property Organization).

Brazil’s accession to the treaty is expected to encourage national institutions to qualify as IDAs, thereby making it easier and more cost-effective for Brazilian innovators in the biotechnology sector to protect their patents.

Should you have any questions, please feel free to contact us at patents@soutocorrea.com.br.