Creator of the specific antivenom serum, Vital Brazil is still considered one of the country’s most notable inventors

Ampoules of antivenom serum produced at the Butantan Institute at the time of patent application

In May 1917, Vital Brazil received the so-called “industrial privilege” for antivenom from the government, in an important nod to his discovery. “The requirement for novelty has always been one of the main requested features. The concession indicates that the proposed product was considered different from everything that existed until that moment”, explains the intellectual property analyst at the Butantan Licensing and Technological Innovation Office Camila Monteiro Cruz – currently, the sector is responsible for depositing and managing the patents for technologies developed by the institution’s researchers.

Privilege request

Even though Brazil did not yet have a special and centralized intellectual property service at that time, Law No. 3,129, in force since October 14, 1882, guaranteed the discoverer or inventor the ownership and exclusive use of his or her discovery or invention.

According to information from the National Archiveswhen seeking a patent, it was necessary for the inventor or his attorney to deposit in the Public Archives a sealed report in duplicate with the entire description of the item, as well as drawings, models and other samples that demonstrated exact knowledge of the item.

According to INPI historical records, the report with the patent application for “a new process for preparing anti-venom serums” was filed on December 19, 1916 and included four different serum formulations: anti-crothalic, against rattlesnake venom; the antibotropic, against jararaca venom; antielapidic, for true coral stings; and the multipurpose antivenom serum, a kind of “mixture” with the venoms of the three genera of snakes, to be used in those cases in which the origin of the biting species was not known.

Image of the original document granting the patent for the specific antivenom serum to Vital Brazil

“The initiative gives evidence that in addition to being a brilliant scientist, Vital Brazil was very engaged with intellectual property issues and had real knowledge about the importance of his invention”, observes the technical director of the Butantan Historical Museum, Isabel Correia Batista.

Finally, applications were entered into a specific book and the applicant received an order number that assured the inventor priority over the invention. Afterwards, a petition was forwarded to the competent ministry, which was responsible for evaluating and granting whether or not the request.

In less than five months, the process relating to the anti-venom serum was completed and the patent received number 9,596. The term was granted on May 9, 1917 by the Ministry of Agriculture, Industry and Commerce and signed by the then President of the Republic, Wenceslau Braz, with publication in the Official Gazette of the Union the following day. The privilege was granted for a period of 15 years.

Camila Monteiro Cruz, from the Butantan Licensing and Technological Innovation Office, checks old serum ampoules, available for public viewing at the Historical Museum

A century of changes

Over the course of more than a hundred years, patent applications, examinations and filings have undergone several changes. The creation of INPI, in the 1970s, was one of the most significant advances. Linked to the Ministry of Development, Industry, Commerce and Services, the body is responsible for improving, disseminating and managing the Brazilian system for granting and guaranteeing intellectual property rights for industry.

A curious fact is that even until recently, to request a patent filing request it was necessary to send two copies of the documents in sealed envelopes to the municipality – a process very similar to that adopted in Vital’s time. Communication with depositors has also been carried out through subscription to a printed magazine. “With the digitization of the world’s main collections and the democratization of electronic tools, physical documentation began to lose space. Today, the entire process is done online, on the INPI website”, says Camila.

Another considerable change concerns the average time for granting intellectual property. “Currently, the time required to complete a process can reach 10 years, but there are several initiatives to reduce this time”, adds the analyst.

Vital Brazil, patron of the Butantan Institute, extracts snake venom at the beginning of the 20th century

Patent full of meanings

The letter patent granted to Vital Brazil for the creation of the antivenom serum is part of the INPI’s historical archive, which covers more than 3,000 documents dating from 1895 to 1929. The terms were recovered through an important processing, digitization and indexing effort, and since last year they have been available to the general public on institution’s digital repository.

According to Isabel Correia Batista, allowing access to this treasure is an act of scientific, historical and social inclusion. “This is a milestone for the popularization of science. By making such relevant patents available, INPI contributes to preserving and disseminating the history of science and technology in Brazil, recognizing the work of great scientists, such as Vital Brazil, as well as other inventors who have made enormous contributions to society.”

Isabel Correia Batista with part of the team of educators at the Butantan Historical Museum

The researcher also remembers that this concession put an end to the scientific debates led by Vital Brazil and Albert Calmette. Responsible for formulating the serum against the poison of Naja tripudiansthe French scientist did not recognize that his product was incapable of neutralizing the toxic activities of other snakes, denying the need for specificity in antivenom serums – a thesis defended by the Brazilian doctor and which proved correct.

Furthermore, the completion of the process was essential for Brazilian and global public health, given that, a few months after the granting of the patent for the specific antivenom serum, the then director of the Butantan Institute donated it to the Government of the State of São Paulo. With this, Vital Brazil’s innovation can be replicated at no cost, giving rise to an industry that mostly benefits poor populations to this day. “It was a true humanitarian act. A contribution to public health that made it possible for the entire population to have access to serums and which has been saving thousands of lives for more than 100 years”, concludes the director of the Historical Museum.

Reporting: Natasha Pinelli

Photos: Collection of the National Institute of Industrial Property, montage by Milena Martins/Comunicação Butantan (photo 2); Instituto Butantan Collection/Memory Center (photos 1 and 4); Marília Ruberti/Comunicação Butantan (photo 5); and Renato Rodrigues/Comunicação Butantan (photo 3)