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PCT national phase entry in Brazil

from 1053.00
Total Number of Claims/PCT
Number of Priorities
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  • Patent fees

Fees associated with Brazilian PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Deadline for PCT national phase entry in Brazil

The time limit for entering the PCT national phase in Brazil is 30 months from the date of priority. The deadline may be restored by the term of 60 days if legitimate reasons are provided. The chances of successful restoration are minor.

  • Filing requirements in Brazil

The official language of the National Intellectual Property Office in Brazil is Portuguese. Claims, title and abstract should be submitted in Portuguese at the time of the Brazilian PCT national phase entry, late filing of the remaining translation is possible within 60 days of the filing date.

The minimum requirements for entering the national phase are the information regarding the applicant(s) and the inventor(s), patent claims, title and abstract in Portuguese.

A certified copy of the Priority Document should be submitted within 60 days from the filing date in Brazil. A digital copy is usually enough for filing, however, the original may be requested by the Office.

A digital copy of a signed Power of Attorney is enough for filing the application. The POA can be submitted within 60 days from filing the application in Brazil.

If the applicant is not the inventor, it is recommended to file the Inventor's Authorization. It may be submitted after entering the PCT national phase in Brazil (within 60 days from the Brazilian filing date), official legalisation or notarization is not required. Filing of the Inventor's Authorization is not obligatory. 

If the PCT national phase applicant is different from the applicant in the international application, document confirming Assignment of Rights should be submitted on filing or within 60 days from the Brazilian filing date.

  • Examination of a PCT national phase patent application in Brazil

Patent applications in Brazil are examined as to compliance with formal and substantive requirements. The request for substantive examination should be filed within 36 months from the international filing date.

  • Novelty grace period

The novelty grace period is 12 months preceding the international filing date or priority date (if any) and applied for disclosures resulted from:
- the inventor;
- the publication of the application by the INPI;
- third parties who obtained the information from the inventor or as a consequence of actions taken by them.

On entering the national phase of a PCT, a statement should be made, where the date, place and form of the disclosure are indicated.

  • Grant, validity term and maintenance fees

The term for payment of the grant fee is 60 days from the issuance of the Notice of Allowance. Patents in Brazil are valid for 20 years from the filing date.

Annual maintenance fees apply to pending patent applications in Brazil and are payable from the third year of the international filing date (second anniversary of the filing date). The payment should be effected within the first three months of each year of patent validity. If the three-month term has expired before the thirty-month limit for the national entry phase, the first annual fee may be paid within three months after the entry into the national phase.

Late payment is possible within six months after the expiration of the first three months, additional fee applies.

  • Duration of registration procedure

The approximate time from entering the national phase in Brazil up to grant is 10 years. However, the Brazilian Patent and Trademark Office is in the process of overcoming the backlog. 

  • Utility Model

PCT applications may also be protected as Utility Models in Brazil, which are subject to formal and substantive examinations. Processes, methods, systems or chemistry compositions are not protectable. The maximum protection period of a utility model in Brazil is 15 years from the filing date. Only a single independent claim is permitted for Utility Models in Brazil, and there is no limit to the number of dependent claims.

  • Representation by a patent attorney

For foreign patent applicants, it is necessary to perform PCT national phase filing in Brazil through a registered Brazilian patent attorney.

  •  Note

Online Search Database for Brazilian Patents and Utility Models

Brief summary is based on the information provided by ARIBONI, FABBRI, SCHMIDT & ADVOGADOS ASSOCIADOS on 24.01.2024
Please contact us if the above information is not in conformity with Brazilian IP Laws