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Through Resolution 197/2026, published in the Official Gazette, the National Institute of Industrial Property (INPI) has repealed a regulation in effect since 2015that established strict limitations on patenting biotechnology developments.
The decision nullifies Resolution 283/2015 and reinstates the patent guidelines in place before 2015, restoring a clearer, more predictable framework that is compatible with promoting biotechnology innovation, in line with international standards.
Furthermore,the resolution incorporates a safeguard for bona fide third parties already marketing products protected by pending patent applications. This ensures legal certainty during the regulatory transition, while promoting a more favourable ecosystem for technological development and productive innovation.