Skip to main content
Available in EnglishEspañolPortuguês

New Report Presents a Comparative International Study on Biotech Patentability Standards and Criteria

20 September 2023|Briefing note

ECLAC, the MDIC and INPI, with European Union support through the Euroclima+ program, held an event on August 24 to launch a study on criteria for the patentability of biotechnology.

On August 24, 2023, the “Dialogue on the Regulation of Biotechnology Patents” took place in Brasilia, in the Brazilian Planning Ministry’s auditorium, having been organized by the Ministry of Development, Industry, Trade and Services (MDIC in Portuguese), the National Institute of Industrial Property (INPI) and the Economic Commission for Latin America and the Caribbean (ECLAC), with support from the European Union through the EUROCLIMA+ program. The event’s main objective was to promote debate on the current regulation of biotechnology patents in Brazil, with an emphasis on the standards and criteria for patentability of biotechnological inventions in light of international cases.

A total of 107 people attended the event in person, in addition to the viewers who followed the live transmission via the MDIC’s YouTube channel.

At the event, the Comparative Study on Standards and Criteria for the Patentability of Biotechnological Inventions – prepared by Ana Cláudia Dias de Oliveira, a consultant specialized in vegetable biotechnology and intellectual property and innovation – was presented. This study was coordinated technically by the MDIC, INPI and ECLAC. The report grew out of a joint effort and the contributions of various people with experience on the issues addressed, based on interviews and consultations carried out in line with the study’s methodology. The publication aims to evaluate the criteria for biotech patentability in select countries and compile perceptions and suggestions from the users of patent systems, to inform future policies and improvements in patentability services in this area.

The study and the event were carried out in the framework of the cooperation project “Building a national and regional strategy for the development and adoption of sustainable technologies,” a proposal that was created by INPI, executed in collaboration with the MDIC, implemented by ECLAC and supported by the European Union’s EUROCLIMA+ program.

The event lasted all morning and was divided into three panels composed of authorities, the study’s author, and experts representing institutions and entities that work with patents and biotechnology.

The opening session featured the participation of Andrea Pereira Macera (Secretary of Competitiveness and Regulatory Policy of the MDIC), Júlio César Moreira (President of INPI), Kalin Ivanov (Intellectual Property Specialist from the European Union Delegation in Brazil) and Carlos Henrique Fialho Mussi (Director of ECLAC’s Office in Brazil). The participants in this session stressed the study’s importance as a relevant technical contribution in the framework of the 2021-2023 Action Plan of the National Intellectual Property Strategy (ENPI), especially for the Inter-ministerial Intellectual Property Group (GIPI).

Following the opening segment, Ana Cláudia Dias de Oliveira presented the study, describing the various stages of research, data analysis and the drafting of the final text. She presented the reality and policies on biotech patentability in 42 countries, highlighting potential areas for further reflection on the national criteria for granting biotechnology patents. The study’s author also emphasized the breadth of the number of countries and the categorization used to select cases, taking into account income and environmental diversity criteria.

The study’s presentation was followed by a roundtable debate with guest experts, moderated by Miguel Carvalho (General Coordinator of Intellectual Property of the MDIC). This roundtable featured the participation of Graziela Ferrero Zucoloto (Coordinator of Science, Technology and Innovation, Directorate of Sectoral Studies and Policies on Innovation, Regulation and Infrastructure, Institute for Applied Economic Research, IPEA), Irene von der Weid (Head of the Studies and Projects Division, Coordination Office of Studies, Projects and Dissemination of Technological Information, Directorate of Patents, Software and Integrated Circuit Topographies, INPI), Simone Sayuri Tsuneda (Supervisor of Intellectual Property, General Management of Market Strategies, Business Directorate, Brazilian Agricultural Research Corporation, EMBRAPA) and Thiago Falda (Executive President, Brazilian Bioinnovation Association, ABBI). The participants in this panel discussion shared their management and research experiences related to the study, pointing up paths, challenges and opportunities for improving legal certainty and national production growth.

Finally, the audience had an opportunity to pose questions and make comments, facilitating an exchange of knowledge.

The “Comparative Study on Standards and Criteria for the Patentability of Biotechnological Inventions” report is available at:

The recording of the event (in Portuguese) can be viewed at: