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Patent system, trademark registration, annuity management, and renewals in Brazil.
Before You Start
Before filing or quoting, you'll typically confirm these first
- 1
Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Brazil
- 2
Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority
- 3
Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement
The sections below cover each module — use the navigation to jump directly to what you need.
Patent System & Process
Patent System in Brazil
Brazilian patents are administered by INPI (Instituto Nacional da Propriedade Industrial), headquartered in Rio de Janeiro. Brazil uses a first-to-file system with absolute novelty requirements; protection lasts 20 years from the filing date (invention) or 15 years (utility model). Brazil is a PCT member; the national phase deadline is 30 months from the priority date, with a complete Portuguese translation required. INPI has a significant patent backlog — the typical prosecution timeline from filing to grant is 5–10+ years, making advance planning essential for Brazil patent strategy.
Patent Types and Term ▾
Brazil's patent law provides three types of patent protection:
**Invention Patent (Patente de Invenção, PI):**
- Term: 20 years from filing (but at least 10 years from grant, whichever is longer)
- Requires substantive examination (technical examination request must be filed)
- Covers product and process inventions
**Utility Model (Modelo de Utilidade, MU):**
- Term: 15 years from filing (at least 7 years from grant, whichever is longer)
- Requires substantive examination (simplified compared to invention patents)
- Only cover utilitarian improvements to tangible objects
**Industrial Design (Desenho Industrial, DI):**
- Term: 10 years from filing, renewable 3 times in 5-year increments (max 25 years)
- Formal examination only; no substantive examination
Source: Brazil Industrial Property Law (Law No. 9,279/1996); INPI guidelines
Examination Backlog: Brazil's Most Critical Practical Challenge ▾
INPI Brazil's patent backlog has historically been among the most severe of any major IP office globally.
**Typical prosecution timelines (historical data):**
- Invention Patent: typically **7–12 years** from filing to grant (longer in some technology areas)
- INPI has launched several reform initiatives (including green lanes / accelerated examination programs) in recent years
- Efficiency has improved in the early 2020s, but the overall backlog has not been fully resolved
**Practical implications:**
- Operating in the Brazilian market requires filing patent applications years before market entry to secure protection
- While pending patent status offers some provisional protections, enforcement before grant is limited
- Consider combining patent applications with complementary measures (contractual confidentiality, trade secrets, etc.)
Source: INPI Brazil annual reports; AIPPI Brazil country reports
PCT National Phase Entry — Brazil ▾
- Deadline: **30 months** from the priority date
- A complete **Portuguese translation** (specification, claims, abstract) must be filed
- National phase entry fees apply
- After entry, a technical examination request must be filed within 36 months from the filing date (or may be filed at the time of national phase entry)
- A Brazil-registered Industrial Property Agent (Agente da Propriedade Industrial) is required
Source: WIPO PCT Applicant's Guide — BR; Brazil Industrial Property Law
Technical Examination Request ▾
Brazilian invention patent applications do not automatically enter substantive examination. The applicant must proactively file a Technical Examination Request (Pedido de Exame) with the applicable fee.
The Technical Examination Request must be filed within **36 months** of the filing date (the same deadline applies for PCT national phase entries). Failure to file by the deadline results in the application being deemed abandoned.
Source: Brazil Industrial Property Law Art. 33; INPI examination guidelines
Special Restrictions on Software and Biotech Patents ▾
Brazil's patent law imposes stricter limitations on software and biotech:
**Software:** Computer programs per se are not patentable (similar to the European position). Software-related inventions with technical effect may be patentable if framed as systems/methods with concrete technical characterization.
**Biotech/Pharma:** Brazil applies stricter examination to "secondary" pharmaceutical patents (new forms, new uses, etc.). Previously, ANVISA (Brazil's health surveillance agency) had a co-examination role for pharmaceutical patent applications. In 2019, the Supreme Court removed ANVISA's co-examination role, leaving INPI solely responsible — but substantive examination standards for pharmaceutical inventions remain strict.
Source: Brazil Industrial Property Law Art. 10, Art. 18; STF ADI 4234 (2019)
Madrid System (Joined 2019) ▾
Brazil joined the Madrid Protocol in **October 2019**, making it one of the later major Latin American economies to accede. Prior to 2019, applicants had to file directly with INPI. Since October 2019, international applications can designate Brazil.
Source: WIPO Madrid — BR Member Info
Annual Fees / Annuities ▾
Brazilian patents require annual fees starting from **year 3** of the filing date. Fees are due before each anniversary. After grant, fees continue until expiry. A 3-month late payment grace period applies with a surcharge.
Source: INPI Brazil fee schedule; Brazil Industrial Property Law
Trademark System & Process
Trademark System in Brazil
Brazilian trademarks are administered by INPI under a first-to-file system. Registrations are valid for 10 years from grant, renewable indefinitely. Brazil joined the Madrid Protocol in 2019; prior to that, direct INPI filing was required. Notably, Brazil requires one application per class — multi-class applications are not permitted (unlike most other jurisdictions).
One-Class-Per-Application Rule ▾
Brazil has a unique rule: **each trademark application can only cover one Nice class** (one class per application). To register the same mark in multiple classes, separate applications must be filed for each class, with separate official fees for each.
This differs from most jurisdictions (e.g., US, EU, China) that allow one application to cover multiple classes. Budget accordingly when planning multi-class trademark coverage in Brazil.
Source: Brazil Industrial Property Law Art. 157; INPI trademark guidelines
Examination Process and Timeline ▾
INPI trademark examination process:
1. Formal examination (~1 month)
2. Assigned application number; first publication in Official Gazette (60-day opposition period)
3. If no opposition, substantive examination begins (~12–24 months to receive examiner's opinion)
4. If opposed, opposition is resolved before substantive examination
5. After examination approval, second publication (registration notice)
6. Registration certificate issued
Overall timeline: approximately 24–36 months (no opposition); can extend to 3–5 years with responses and opposition.
Source: Brazil Industrial Property Law; INPI trademark examination guidelines
Madrid System Designation of Brazil ▾
Brazil joined the Madrid Protocol in October 2019. International applications can now designate Brazil. INPI examines under Brazilian national law (same standards as direct applications). The one-class-per-application rule effectively means each Madrid designation of Brazil covers only the classes designated in the international filing — plan accordingly for multi-class filing strategies.
Source: WIPO Madrid — BR; Brazil Industrial Property Law
Term and Renewal ▾
Brazilian trademark registrations are valid for 10 years from the grant/registration date (not the application date), renewable indefinitely in 10-year increments. File the renewal application within 6 months before expiry; a 6-month post-expiry grace period applies with a surcharge. No proof of use is required for renewal.
Source: Brazil Industrial Property Law Art. 133
Non-Use Cancellation (5 Years) ▾
A Brazilian trademark may be cancelled for non-use if it has not been actually used commercially in Brazil for 5 years after registration, or if use was interrupted for more than 5 years. Any interested party may file for cancellation. The registrant must provide evidence of genuine use in Brazil or legitimate reasons for non-use.
Source: Brazil Industrial Property Law Art. 143
Portuguese Language Requirement ▾
All Brazilian trademark applications filed with INPI — including specifications and goods/services descriptions — must be submitted in **Portuguese**. Foreign applicants must appoint a Brazil-authorized Industrial Property Agent (Agente da Propriedade Industrial) to represent them in all INPI proceedings.
Source: INPI Brazil trademark procedures; Brazil Industrial Property Law
Patent Annuity
Brazil Patent Annuities
Brazilian invention patents require annual fees from year 3 of the filing date, paying before each anniversary. After grant, fees continue until expiry (20 years for invention; 15 years for utility model). A 3-month late payment grace period applies with surcharge. Note: Brazil's long prosecution backlog (5–10 years) means annuities must be paid for many years before grant.
Source: INPI Brazil fee schedule; Brazil Industrial Property Law
Trademark Renewal
Brazil Trademark Renewals
Brazilian trademark registrations are valid for 10 years from grant. File renewal within 6 months before expiry; 6-month post-expiry grace period with surcharge. No proof of use required for renewal, but 5 years of non-use post-registration creates cancellation risk. Note: Brazil's one-class-per-application rule means multi-class renewal requires separate filings per class.
Source: Brazil Industrial Property Law Art. 133, Art. 143
FAQ
Common Questions — Brazil IP
What is the biggest challenge with Brazilian patents? ▾
Examination backlog. INPI's patent backlog has historically meant 7–12 years to grant (improving in recent years but still very long). Operating in the Brazilian market requires filing years before market entry and relying on pending application status plus complementary measures (trade secrets, contractual protection) during the long wait.
What is the PCT national phase deadline for Brazil? ▾
30 months from the priority date. Submit a full Portuguese translation. A Technical Examination Request must be filed within 36 months of the filing date. A Brazil-registered agent is required.
What does Brazil's 'one class per application' rule mean? ▾
Each Brazilian trademark application can only cover one Nice class. To register the same mark in multiple classes, separate applications must be filed (each with its own fee). This differs from the US, EU, China, etc., which allow multi-class filings. Budget accordingly for multi-class coverage.
When did Brazil join the Madrid System and what does it mean? ▾
Brazil joined the Madrid Protocol in October 2019. Prior to October 2019, trademark applications in Brazil had to be filed directly with INPI. Now, international applications can designate Brazil; INPI examines under Brazilian national law (including the one-class-per-application rule and Portuguese language requirements).
How long is a Brazilian trademark registration valid? ▾
10 years from the grant/registration date (not the application date), renewable indefinitely in 10-year increments. File within 6 months before expiry; 6-month post-expiry grace period with surcharge.
Does Brazil have a utility model patent? ▾
Yes. Brazil offers a Utility Model (Modelo de Utilidade) with a 15-year term from the filing date (guaranteed at least 7 years from grant). Utility models also require substantive examination (simplified compared to invention patents). Only utilitarian improvements to tangible objects are covered; methods are excluded.
What is Brazil's stance on software patents? ▾
Brazil explicitly excludes computer programs per se from patentable inventions (similar to the European position). Software-related inventions with a technical effect, characterized as systems/methods with concrete technical features, may be patentable. Overall, software patent protection is narrower than in the US.
Is a local agent required to file patents in Brazil? ▾
Yes. Foreign applicants must appoint a Brazil-authorized Industrial Property Agent (Agente da Propriedade Industrial) for all INPI proceedings, including patent and trademark applications. Experienced local representation is especially important given Brazil's unique procedural requirements (including Portuguese translation quality).
What is the deadline for the Technical Examination Request in Brazil? ▾
The Technical Examination Request must be filed within **36 months** of the filing date. Failure to file by the deadline results in abandonment. It may be filed at the time of national phase entry to reduce future administrative obligations.
What is the non-use cancellation period for Brazilian trademarks? ▾
5 years of non-use post-registration (or more than 5 consecutive years of interrupted use) allows any party to apply for cancellation. The registrant must prove genuine use in Brazil (invoices, advertising, etc.) or provide legitimate reasons for non-use.
Official Reference Sources
Sources for This Page
INPI Brazil Official Website www.gov.br/inpi/ INPI Patent Search (pePI) busca.inpi.gov.br/pePI/ WIPO PCT Guide — BR www.wipo.int/pct/en/appguide/ WIPO Madrid — BR Member Info www.wipo.int/madrid/en/members/ WIPO DAS www.wipo.int/das/
Content based on official sources above, last reviewed: 2026-04. In case of discrepancy with the latest official publications, official sources prevail.
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