Biotechnology has an unquestionable role in modern world, and is
becoming a necessary pillar to man's evolution. New forms of
life and new types of food never found in nature, the possibility
of discovering diseases several years before they begin to show up,
the gene therapy, as well as the Earth biodiversity, which includes
the sea, fields, forests, air and soil, are examples of what may be
achieved or reached with advancement of science.
In this context, the property rights to biotechnological
products have paramount importance for the progress and advancement
of this technology. Brazil has not as yet succeeded in overcoming
one of the holdbacks and problems faced by those engaged in this
activity, namely to adjust the invention concept to their creation,
an indispensable condition for such inventions to be the object of
a patent privilege under the Industrial Property Law - Law
9.279/96. A common practice when trying to define invention in
Brazil is to make a
