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Focus on Biotech: new guidelines published by the Brazilian PTO

Posted on: 3/12/2020

Biotech

This week, the new Patent Examination Guidelines for the Biotechnology Area came into force, revoking the latter Resolution No. 144, of 2015.

The new Guidelines, although broadly based on the former Resolution No. 144/2015, updates some understandings and provides clearer definitions of, for example, sufficiency of disclosure and improper experimentation, as well as the way of characterizing inventions in the biotechnological area, including inventions involving Markush formula, DNA / RNA, biological sequences, their needs and filing conditions.

The new Guidelines also incorporates comments and understandings regarding antibodies (including those obtained by genetic engineering), stem cells and processes involving such cells, in addition to including use-restriction genetic technologies and its relation with Biosafety issues.

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