A published application in Brazil describes the cloning of glycosyltransferases, enzymes that transfer sugar moieties, from five different bacteria including Staphylococcus, Pneumococcus, Arthrobacter, Clavibacter, and Thermobacter, and teaches how to obtain genes encoding the same enzymes from other bacterial genera. The only claim recites:
“An isolated DNA sequence encoding a glycosyltransferase isolated from Staphylococcus“.
You need a license before you can use DNA encoding the following in Brazil:
none of the above
Why? A patent application does not confer any rights on the applicant. The claims in a patent application define what the inventor or applicant desires to claim. A person wanting to use an invention as defined in a claim of a grantedpatent would need to obtain a license from or the consent of the patent owner. A person wanting to use an invention as defined in the claims of a patent application does not need to obtain a license from the applicant to use the invention. However, in some countries under certain circumstances, if the patent is granted, the owner of the rights can claim royalties back to the date of publication of the application.