Brazil Officially Promulgates the Budapest Treaty

Promulgated on June 9, 2026, Decree No. 13,011/2026 is related to the international framework for the recognition of microorganism deposits for patent purposes. This promulgation represents the final step required for Brazil to complete the procedures necessary to become a party to the Budapest Treaty. As Brazil’s adherence to the Treaty allows Applicants to deposit biological material with a single accredited International Depositary Authority (IDA), thereby eliminating the need for multiple deposits in each country where patent protection is sought.

In addition, the Decree incorporates the Implementing Regulations of the Treaty, which establish several operational aspects of the Budapest system, including:

• procedures for the deposit of biological material;

• issuance of receipts and certificates;

• viability testing requirements; and

• procedures applicable to IDAs.

Decree No. 13,011/2026 represents an important step to the Brazilian patent system, since this new framework is expected to simplify procedural requirements and reduce administrative challenges for Applicants seeking patent protection for inventions involving biological material in multiple jurisdictions.