BRPTO Publishes the Examination Guidelines of Patent Applications in the Biotechnology Arts

After the November 2012 public comments, the BRPTO published today the final version of the Examination Guidelines of Patent Applications in the Biotechnology Arts.The guidelines cover the patentability requirements for biotech patents, the technical examination of reach-through claims, non-patentable subject matter, the patentability of micro-organisms, claim language and the definition of biologic sequences, oligonucleotides, promoters, vectors, cDNAs, RNAs, ESTs, ORFs, proteins, protein fragments, fusion proteins and antibodies, among others. The guidelines also cover the patentability of stem cells and the process involving said cells, transgenic plants, their parts and the process for obtaining them, as well as patent applications claiming material of the Brazilian genetic heritage.The new guidelines are valid as of today, March 17, 2015. Its Portuguese version is available for download here.If you have any questions or need additional information, please contact us at prevail@lickslegal.com.