Recursos genéticos in silico a partir da análise de documentos de patentes cadastrados junto ao Instituto Nacional de Propriedade Industrial

Abstract

This study investigates how Brazilian patent applications refer to in silico genetic resources, based on the question: What can be extracted from patent filings at the INPI that mention in silico genetic resources? The research aims to assess whether these applications comply with Brazilian legal requirements on access to genetic resources and associated traditional knowledge, as established by Law No. 13.123/2015 and Decree No. 8.772/2016. Methodologically, the study adopts a qualitative and empirical approach, combining literature review with document analysis of patent applications filed between 2016 and 2024 in the public database of the Brazilian Patent and Trademark Office (INPI). The analysis focused on identifying references to Digital Sequence Information (DSI), Brazilian biodiversity, and potential connections to traditional knowledge, as well as checking for any record of compliance in the SisGen system. The results indicate that many inventions make use of DSI linked to Brazilian biodiversity without disclosing legal access compliance, pointing to a mismatch between scientific practices and the legal framework. This gap weakens traceability and may lead to the unregulated appropriation of genetic resources and traditional knowledge in digital form.