The Brazilian Atlantic Forest genetic resources in patents and the challenges to control the economic use of biodiversity

The Atlantic Forest is the Brazilian biome with the greatest variety of plant species. Despite the potential of resources that can be used in the development of products and technologies, several species are imminently threatened with extinction. This study analyzes the technologies developed with native species of the Atlantic Forest, and their holders, using patent analysis. It also investigates methodological restrictions and gaps in information sources to relate the use of genetic resources to patented technologies, and also relates the use of these resources to the production and commercialization of products. We found that 92% of patents with native flora of the Atlantic Forest were developed and filled outside Brazil. The patents are mainly in the areas of agriculture livestock, medical or cosmetic preparations, food and beverages, and water, sewage, or waste treatment. The procedures for examining applications for patents, and control procedures for accessing biodiversity have limitations in identifying and monitoring the origin of genetic resources. The lack of transparent access to biodiversity results in the patent analysis as one of the main strategies used to evaluate the misappropriation of traditional knowledge associated with genetic resources, since patents have descriptive details of inventions and worldwide publicity.