Brazil’s National Institute of Industrial Property (INPI) has issued new guidelines for the patenting of genetically modified plants and elite events, providing greater clarity and legal certainty for inventions related to this field.
While transgenic plants and their parts are not patentable in Brazil, technologies related to them can be. The new INPI/CPAPD Technical Note n°01/2023 defines elite events as plant modification events through the insertion of exogenous DNA, which provide a technical effect superior to other transformations.
To be patentable, elite events must meet certain requirements:
- Insertion of exogenous DNA using molecular biology tools.
- Stable insertion into a specific location in the plant genome.
- Clearly defined polynucleotide sequences flanking the insert.
- Superior technical effects compared to other transformations.
Technical Note 01/2023 also allows the patentability of biological materials, such as DNA molecules and genomes, provided they are different from those found in nature.
The storage of biological material is necessary for the reproducibility of inventions obtained by random processes. However, it is not necessary when the invention is reproducible from its initial sequence.
Examples of patentable inventions related to transgenic plants include:
- DNA molecules, genome and genomic DNA.
- Biological materials with SEQ ID NO inserted into a plant.
- Weed control methods in fields of herbicide-resistant transgenic plants.
- Uses of transgenic plants expressing insecticidal proteins for pest control.
- Methods for detecting plants with elite events.
- Elite transgenic plant crossing methods.
Technical Note 01/2023 has been welcomed by the patent community as it provides greater clarity and legal certainty for inventions related to transgenic plants in Brazil. This is expected to drive innovation and the development of new technologies in this important sector. With more than 40 years of experience and the support of more than 500 satisfied clients, Fernández Lacort is here to offer you expert advice on any business or intellectual property related issue in the world.