Patents for Genetically Engineered

Have you ever though about making a patent on biological life? Very few people actually consider putting a patent on a living thing, like a specific cell or even a plant. These patents falls under the category of “biotechnology” and governments around the world are protecting these technologies with patents. However, these laws are a new system that even the U.S judiciary is still trying to figure out, as putting patents on living things is a new idea. For example, after the U.S patent office blocked GM’s patent on a bacteria that reduces water pollution, the Supreme Court over ruled the patent office’s decisions and allowed the patent to be implemented.

Now rising countries like Brazil are also protecting biological engineered patents. They put rules on what can be patented.  For example, it must be something that is novel, genetically altered;  non existent in nature, and will be used for industrialization. This patent also needs to be filed with the Brazilian patent office and put in a safe international depository for biologically engineered substances and organisms. These laws are impressive for a developing country as they are now implementing the same laws as the Budapest treaty, which is an internationally recognized treaty that Brazil did not sign in 1997. One thing the treaty put into place is an international depository in order to reduce biologically modified material and which Brazil is now also doing.

http://www.mondaq.com/x/222950/Patent/General+Overview+On+Patenting+Of+Microorganisms+In+Brazil