The Eligibility Criteria for Patent Filing Brazil
Any of the following can enter the national phase in Brazil:
- The original applicant of the PCT Filing
- Legal assignees or successors in title
- Corporations, research institutions, universities, government entities, and individuals
- Foreign applicants (resident or non-resident), provided they appoint a local Brazilian patent agent (procurador) or maintain a local address for correspondence
If the applicant is not the inventor, a valid assignment or proof of entitlement must be submitted.
Brazilian law allows foreign entities to hold and prosecute patents, so long as they are represented by local counsel
Typical Deadline for Patent Filing Brazil (30 / 31-Month Rule)
Under the PCT, the national phase entry in Brazil must be made within 30 months from the earliest priority date, in line with Brazilian Industrial Property Law provisions. This is the standard statutory deadline applicable to PCT national phase entry in Brazil.
Therefore, all necessary documentation, translations, power of attorney (if applicable), and official fees must be submitted to INPI by the 30-month mark to secure national filing.
Extension After the 30-Month Deadline
Brazil does not provide a general statutory extension beyond the standard 30-month deadline for PCT National Phase Filing. Failure to meet this deadline generally results in the application being deemed withdrawn. Accordingly, applicants should plan ahead and instruct their local agents in good time to avoid irrevocable loss of rights.
Given this firm deadline, international applicants should engage local counsel well in advance—especially if translations, assignments, or multiple applicants are involved.
Filing Language used in Patent Filing Brazil
The required language for filing patent applications in Brazil is Portuguese.
If the international application is not already in Portuguese, a full translation into Portuguese must be submitted at the time of national phase entry (or sometimes within a short grace period, depending on procedural norms). All parts of the specification—including the description, claims, abstract, and any text in drawings—must be translated.
Accuracy in translation is critical, as claim interpretation, sufficiency, and enforceability depend on the Portuguese text filed with INPI.
Required Documents for Patent Filing Brazil
To properly enter the national phase in Brazil, the following are required:
- Full specification of Invention (description, claims, drawings, abstract) translated into Portuguese
- PCT bibliographic data, including PCT application number, international Patent filing date, priority claim (if any), inventor(s), and applicant(s)
- Power of Attorney (POA), if applicant is represented by a local agent: a simple signed copy is acceptable, usually no need for notarization or apostille (common practice in Brazil)
- Assignment / Proof of Right, if applicant is not inventor: a signed assignment or deed of transfer, translated to Portuguese if originally in another language
- Translated priority documents (if priority is claimed) — if priority documents are in another language, a Portuguese translation may be required
- Request for examination (as Brazil does not automatically examine upon filing)
- Any local forms required by INPI
Brazil’s formal requirements are manageable, provided applicants work with experienced local counsel.
Search and Examination Procedure
Brazil employs a full substantive examination for patent applications. Once the request for examination is filed and accepted, the INPI examiner carries out:
- A prior-art search, including Brazilian and international databases
- Patentability Search, inventive step, industrial applicability, clarity/support, sufficiency of disclosure
- Compliance review with Brazilian statutory provisions (e.g., non-patentable subject matter under LPI, such as certain biotechnological, surgical or diagnostic methods, aesthetic procedures, and others)
Unlike registration-based jurisdictions, a patent grant depends on satisfactory examination results.
Examination Process and Office Actions
During examination, INPI may issue Office Actions (Examination Reports) raising objections such as:
- Lack of novelty (anticipation)
- Obviousness (lack of inventive step)
- Insufficient disclosure or lack of enablement
- Clarity or support issues
- Added-matter concerns (introduction of new matter beyond PCT filing)
- Exclusions under Brazilian law (e.g., certain methods, biotechnological inventions, etc.)
Applicants must respond within the prescribed INPI deadlines (typically 60 days, extendible under certain conditions) with substantive arguments, claim amendments, or technical data to overcome objections.
If objections remain unaddressed, the application may be rejected. In some cases, the applicant may request review or reconsideration, or file appeals, depending on the nature of the objections.
Deadline for Request for Examination
Upon national phase entry, the applicant must file a Request for Examination within 36 months from the international filing date (or from national phase entry, as per INPI rules).
Failure to request examination within the deadline leads to abandonment of the application.
Given the dual‐deadline (30-month entry + separate 36-month exam request), applicants must vigilantly monitor both deadlines.
Publication Process and Legal Impact
Once the national application is filed (translation submitted) or after a request for examination, INPI typically publishes the application in its Official Patent Gazette, making the filing public.
Upon publication:
- The application becomes public record
- Competitors can inspect the disclosure and claim scope
- The patent filing constitutes prior art for third-party filings
- Third parties may submit pre-grant observations or oppositions (as provided under Brazilian law)
- Applicants may commence licensing negotiations or monitor for potential infringements
Publication does not by itself confer enforceable rights; enforceability begins only after grant. However, publication is a crucial milestone in establishing public notice and potential deterrence.
Grant Process and Enforceability
If the examination is successfully completed and any objections are overcome, INPI issues a Notice of Allowance. After payment of the grant/issuance fee, the patent is granted and becomes enforceable.
A granted Brazilian patent provides the owner with exclusive rights to:
- Make, use, sell, import, or offer for sale the patented invention in Brazil
- License or assign the patent
- Seek infringement remedies: injunctive relief, damages, accounting for profits, and other remedies under the Brazilian Industrial Property Law
Brazil has an established litigation framework, and courts recognize and enforce patent rights robustly when claim validity and enforceability are well-supported.
Validity Term
The term of a granted patent in Brazil is 20 years from the international filing date (in the case of a PCT national phase application), subject to timely payment of annual maintenance fees (annuities).
No patent-term extensions or Supplementary Protection Certificates (SPCs) are provided under Brazilian law as of now (for most technologies), though certain regulatory contexts may offer limited extensions in exceptional sectors.
Typical Time to Obtain a Patent in Brazil
The timeline to grant can vary depending on backlog, technology area, complexity, and promptness of response. Typical benchmarks are:
- Average prosecution time: 4–6 years from national phase entry to grant
- With streamlined examination or accelerated processing: 3–4 years (depending on INPI workload)
- For less complex inventions or after favorable examination: possibly shorter, but 3 years is a realistic lower bound
Because Brazil’s examination is substantive and can involve multiple office actions, applicants should budget time accordingly.
Annuities and Maintenance Procedure
Brazil requires annual maintenance (renewal) fees (annuities) to keep a granted patent in force. Key aspects:
- First annuity due at the third anniversary of the filing date (or as per INPI schedule)
- Renewal must be paid each year thereafter until the 20-year expiry
- Non-payment results in the lapse of the patent
Restoration after lapse may be possible in limited circumstances—usually requiring petition, justification, and surcharge
Official Government Fees for Patent Filing Brazil (INPI, Brazil)
(All fees approximate; actual official fees are subject to INPI updates and exchange-rate fluctuations. Professional attorney/agent charges are additional.)
| Fee Type / Event | Approximate Fee (BRL) |
| National Phase Entry (filing & translation) | ~ R$2,000 – 3,000 (depending on pages & translation cost) |
| Request for Examination | ~ R$1,100 – 1,500 |
| Grant / Issuance Fee | ~ R$1,000 – 1,500 |
| Annuity (Year 3–5) | ~R$ 600 – 1,200 per year |
| Annuity (Year 6–10) | ~R$ 1,200 – 2,500 per year |
| Annuity (Year 11–20) | ~R$ 2,500 – 5,000 per year |
| Late Payment / Restoration Surcharge | Variable — depends on delay and INPI rules |
| Excess Page / Translation Fees | Actual translation cost + modest filing surcharge |
Because INPI fees and translation costs vary.
Utility Model Protection in Brazil
Brazil offers utility model (modelo de utilidade) protection for certain inventions—typically those with incremental improvements or functional modifications. Utility models:
- Provide a shorter, simpler, and faster protection route
- Have shorter patent term (usually 10 years from filing)
- Are subject to less stringent examination
However, utility models are limited in scope (often to mechanical or structural innovations) and generally not available for chemical, biological, pharmaceutical, or software inventions.
Official Patent Office & Website
The competent authority is the Instituto Nacional da Propriedade Industrial (INPI).
Website: Brazil Patent Office
This is the definitive source for procedural rules, filing instructions, and official notices.
