Green Innovation in Brazil: How Patent Protection Is Powering Sustainable Agriculture

The use of biological agents in pest and disease control in agriculture has been a growing trend worldwide, and Brazil is no exception. With increasing concerns about sustainability and environmental health, many farmers and agricultural companies are seeking alternatives to conventional chemical products, opting for biofertilizers and other biological control methods. These biological agents include beneficial microorganisms such as bacteria, fungi, and viruses, as well as natural predators of pests, which help control insect populations and diseases that affect crops.

In Brazil, the use of biological agents has seen significant growth in recent years, driven by the country’s vast biodiversity, which provides fertile ground for the development of biocontrol technologies. Brazil stands out as one of the largest consumers of biological pesticides globally, with growing demand for agricultural solutions aimed at reducing environmental impact and preventing soil and water contamination. National research institutions have been key players in the research and development of new biological agents, promoting the substitution of chemical pesticides with more sustainable alternatives.

Globally, countries such as the United States, Canada, and various European countries are pioneers in the development and use of biocontrol technologies. These countries have strong regulations and incentives to adopt sustainable agricultural practices, which have driven research and innovation in new biologicals. Additionally, China and India are making significant investments in agricultural biotechnology, aiming to increase food production sustainably while reducing dependence on chemical products.

In this growing scenario of innovation, it is interesting to follow the evolution of patent application filings related to the topic in question. Diving into the fertilizer landscape, the number of patent applications worldwide dealing with the use of biological agents is much higher compared to those aimed at protecting traditional Nitrogen-Phosphorous-Potassium (NPK) chemical fertilizer technologies, which will be explored below.

Brazil’s Pioneering Role in Green Agricultural Innovation

In Brazil, this green innovation has gained such prominence that it was the subject of strategic studies by the Brazilian PTO (BPTO), which compiled data on patent application filings and their different scopes of protection.

Brazil is not only a hub for local innovation but is also recognized by major agribusiness industries as a key market for patenting inventions.

(i.)  Patent Trends in Brazil: A Focus on Biological Fertilizers

Focusing specifically on fertilizers, over the course of 13 years, from 2010 to 2023, the BPTO received approximately 2,300 patent applications for fertilizers. It is evident that technologies involving biological agents in agriculture far outnumber those focused on NPK technologies (see Figure below – based on the BPTO’s data on Strategic Intelligence in Innovation), which aligns with the global trend of growth in the use of biological versus chemical agents. When examining the origin of patent applications involving biologicals, the United States holds the leading position.

When taking a broad definition of biologicals as fertilizers into account, there are products and processes involving microorganisms, macroorganisms, natural extracts or molecules of biological origin, organic materials, and biomass. There are a wide variety of technologies that utilize biological substances for the production, storage, and processing of agricultural products.

(ii.) Common Patentable Innovations in Agricultural Biotechnology

Biotechnology patent applications usually claim various types of embodiments, whether for product and/or process, such as:

• nucleic acids;
• polypeptides;
• microorganisms (such as viruses, bacteria and yeasts);
• cells;
• vectors;
• compositions;
• extracts;
• processes to produce compounds/compositions, to select biological sequences, to produce transgenic microorganisms/plants/animals;
• purification method;
• extraction/isolation processes;
• use of the microorganism, among others.

Naturally, to obtain a patent, the patentability requirements set by the Brazilian IP Law must be met and the eligible subject matter under Brazil’s patent system may differ from that in other jurisdictions.

(iii).  The Role of the Budapest Treaty and Future Possibilities for Brazil

For patent purposes, patent applications involving biological materials essential to the implementation of the invention typically require that these materials be deposited with an institution authorized by the BPTO within the country or designated by an international agreement.

In the absence of an institution located in the country, the applicant may deposit the biological material with any of the International Depositary Authorities (IDAs) recognized by the Budapest Treaty, which must be completed by the patent filing date.

Although Brazil has not yet signed the Budapest Treaty, this could change soon, as the importance of joining is currently under evaluation. If at least one Brazilian IDA is approved to accept biological material domestically, this will pave the way for the acceptance of biological material within the country. This approach would undoubtedly lower expenses and streamline documentation processes, while also encouraging the scientific community by making biological material accessible to the public for scientific research, technological development and innovation. 

Looking Ahead

Brazil has significant potential to emerge as a global leader in the development of agricultural biological agents, especially given its rich biodiversity and favorable climate.

The number of patent applications filed at the BPTO related to the use of biological agents as fertilizers has been steadily increasing.

As these technologies advance, Brazil is expected to expand its participation in the biofertilizer and biocontrol market, contributing to more sustainable agriculture globally.

Image Source: Deposit Photos
Author: jpgon
Image ID: 66080873