HomeIP-GuideBrazil General informationInvention (PCT National Phase) Brazil


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Brazilian PCT national phase entry

from 1064.00
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. This deadline may be restored by the term of 60 days if legitimate reasons are provided.

  • Minimum filing requirements in Brazil

The minimum requirements for obtaining the filing date are the information regarding applicant(s) and inventor(s) and patent claims in Portuguese.

  • Language of the Brazilian patent application

The official language of patent registration in Brazil is Portuguese. The PCT application may be filed in any other foreign language; however, the term for submission of the Portuguese translation is 60 days from the national phase entry.

  • Power of Attorney requirements

The signed original of the POA form may be submitted to the Brazil Patent Office within 60 days from the date of entering the PCT national phase.

  • Assignment deed

If the applicant is not the author of the invention, it is advisable to file an Inventor's Authorization. It may be submitted after entering the PCT national phase in Brazil, official legalisation or notarization is not required.

  • Substantive examination request

The substantive examination should be requested within 36 months from the international filing date.

  • Grace period

Novelty grace period for Brazilian applications constitutes 12 months preceding the filing date or the priority date, if priority is claimed.

  • Grant and maintenance fees

The term for payment of the grant fee is 60 days from the issuance of the Notice of Allowance. The annuities apply to pending patent applications in Brazil and are due on the 3rd year from filing the application.

  • Representation by a patent attorney

To perform the PCT national stage entry in Brazil, foreigners should appoint an agent, a registered Brazilian patent attorney.

  •  Notes

1. Online Database for Brazilian Patent Search.
2. 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. Maximum protection period of a utility model in Brazil is 15 years from the date of filing. Only a single independent claim is permitted for Utility Models in Brazil, and there is no limit to the number of dependent claims.

Brief summary is based on the information provided by Dreon IP on 13.02.2019
Please contact us if the above information contains any discrepancies with Brazilian IP Laws