PCT Applicant's Guide Brazil EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
ISA
IPEA
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: National Institute of Industrial Property (Brazil)

IPL: Industrial Property Law No. 9279/96 of 14 May 1996

IN: Normative Instruction Nos. 30/13 and 31/13 of 4 December 2013

Normative Instruction No. 2/20 of 26 June 2020

Res.: Resolution No. 94/13 of 16 June 2013

Resolution No. 113/13 of 15 October 2013

Resolution No. 251/19 of 2 October 2019

Resolution No. 253/19 of 13 November 2019

Ord.: Ordinance No. 302/20 of 12 August 2020

Ordinance Nos. 22/21 and 23/21 of 29 March 2021

Ordinance No. 39/21 of 23 August 2021

Ordinance Nos. 54/21 and 55/21 of 15 December 2021

Ordinance No. 48/22 of 20 June 2022

List of currencies used in this document:

BRL (Brazilian real), CHF (Swiss franc), EUR (Euro), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 26bis.3(j), Rule 49.5(l), Rule 49.5(c-bis)), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Brazil

Two-letter code:

Name of Office:

National Institute of Industrial Property (Brazil)

Location:

Rua Mayrink Veiga 9
20º andar
Centro
Rio de Janeiro
RJ – CEP 20.090-910
Brazil

Mailing address:

Same as above

Telephone:

(55-21) 3037 37 42

(55-21) 3037 42 44

E-mail:

None

Website:

http://www.gov.br/inpi/pt-br

http://faleconosco.inpi.gov.br/faleconosco/

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

BR,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

certificates of addition,

Patents,

Utility models

Payment methods accepted by the Office:

As RO, ISA, IPEA and DO (Brazilian applicants):
The payment of fees must be effected in Brazilian Reais (BRL) through any Brazilian bank agency located in Brazil by using the Office’s online system to generate the GRU.
The Office’s electronic system is available at:
https://gru.inpi.gov.br/peticionamentoeletronico
Further details are available at Basic Guide, item 4 (Pay the GRU): https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico

As IPEA, from,

AO,

CL,

CO,

CU,

CV,

GT,

PA,

PE,

The data to make the bank transfer are:
Name: INSTITUTO NACIONAL DA PROPRIEDADE INDUSTRIAL- INPI
Address: Rua Mayrink Veiga, No. 9, Centro, Rio de Janeiro/RJ, CEP - 20090910, Brasil
Swift code: BRASBRRJBHE
Account number IBAN-BRAZIL: BR9300000000022340003330281C1

As DO, filing on paper (foreign applicants without attorney):
The payment of the filing fee for entry into Brazilian national phase must be made by means of a payment order from abroad. The data are:
Name: INSTITUTO NACIONAL DA PROPRIEDADE INDUSTRIAL- INPI
Address: Rua Mayrink Veiga, No. 9, Centro, Rio de Janeiro/RJ, CEP - 20090910, Brasil
Swift code: BRASBRRJBHE
Account number IBAN-BRAZIL: BR9300000000022340003330281C1

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request or furnished within the time limit applicable under PCT Article 22 or 39(1)

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Brazil

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Portuguese,

Spanish

Language accepted for language-dependent free text in the sequence listing:

Same language as the international application (English, Portuguese or Spanish)

Language in which the request may be filed:

English,

Portuguese,

Spanish

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 2 June 2016, pages 108 et seq. and 21 July 2022, page 185.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Yes, the Office accepts the submission of color drawings and only requires replacement sheets if, after using the preview function “view document as it will be rendered at the IB”, after conversion into black and white, the image presents low resolution, illegible text, etc.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Competent International Searching Authority:

AT,

BR,

CL,

EP,

SE,

Competent International Preliminary Examining Authority:

AT,

BR,

CL,

The Office is competent only if the international search is or has been carried out by that Office, the Austrian Patent Office or the Swedish Intellectual Property Office (PRV).

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

This fee is reduced by 60% where the international application is filed by a natural person, a small or medium-sized enterprise, a cooperative, an academic institution, a non-profit-making entity or a public institution. For further details, refer to Official Resolution of the National Institute of Industrial Property (Brazil) No. 251 of 2 October 2019.

online 175 BRL

Paper filings are only accepted if received by mail. For further details, refer to the Official Resolution of the National Institute of Industrial Property (Brazil) No. 253 of 13 November 2019 (http://revistas.inpi.gov.br/pdf/Comunicados2550.pdf).

on paper 260 BRL

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in BRL of 1,330 CHF

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in BRL of 15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in BRL of 200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

Equivalent in BRL of 300 CHF

Search fee:

Equivalent in BRL of the search fee payable to the International Searching Authority chosen by the applicant:
Refer to
Annex D(AT)
Annex D(BR)
Annex D(EP)
Annex D(SE)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

The priority document may only be requested online. For further details, refer to Revista da Propriedade Industrial No. 2544 of 8 October 2019 (http://revistas.inpi.gov.br/pdf/Comunicados2544.pdf).

online 135 BRL

Is an agent required by the receiving Office?

Who can act as agent?

Any natural or legal person resident in Brazil

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

AO,

BR,

CL,

CO,

CU,

CV,

GT,

PA,

PE,

Fees payable to the ISA:

Search fee (PCT Rule 16):

International applications and PCT-related documents filed on paper are received only by mail (refer to Official Resolution of the National Institute of Industrial Property (Brazil) No. 253/19 of 13 November 2019).

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

Online 1,685 BRL

On paper 2,525 BRL

Online 272 CHF

On paper 407 CHF

Online 293 EUR

On paper 439 EUR

Online 300 USD

On paper 450 USD

Additional search fee (PCT Rule 40.2):

This fee is payable to the International Searching Authority and only in particular circumstances. It is reduced by 60% where the international application is filed by a natural person, a small or medium-sized enterprise, a cooperative, an academic institution, a non-profit-making entity or a public institution. For further details, refer to Official Resolution of the National Institute of Industrial Property (Brazil) No. 251/19 of 2 October 2019.

Online 1,360 BRL

On paper 2,040 BRL

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

It is reduced by 60% where the international application is filed by a natural person, a small or medium-sized enterprise, a cooperative, an academic institution, a non-profit-making entity or a public institution. For further details, refer to Official Resolution of the National Institute of Industrial Property (Brazil) No. 251/19 of 2 October 2019.

Online, per page 1,5 BRL

On paper, per page 2 BRL

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

Online, per page 1,5 BRL

On paper, per page 2 BRL

Protest fee (PCT Rule 40.2(e)):

Online, per page 1,220 BRL

On paper, per page 1,830 BRL

Late furnishing fee (PCT Rule 13ter.1(c)):

Online, per page 180 BRL

On paper, per page 270 BRL

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search, depending upon the extent to which the Authority benefits from that earlier search:
refund of 25%

Languages accepted for international search:

Portuguese

English

For international applications filed with any receiving Office except the receiving Offices established in the Latin America and Caribbean region.

Spanish

For international applications filed with the National Institute of Industrial Property (Brazil) acting as receiving Office or with the receiving Offices of the Latin American and Caribbean regions.

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Yes. The applicant may submit informal comments to overcome objections raised in the earlier search report, established by INPI/BR called Preliminary Opinion. Such comments should be sent to the receiving Office together with the international application and then will be transmitted to this Authority.

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

The entire printable copy of the sequence listing and identifying data should be contained within one text file on a single CD or DVD

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Brazilian patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

AO,

BR,

CL,

CO,

CU,

CV,

GT,

PA,

PE,

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

Online 630 BRL

On paper 945 BRL

Additional preliminary examination fee (PCT Rule 68.3):

Online 365 BRL

On paper 545 BRL

Handling fee (PCT Rule 57.1):

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in BRL of 200 CHF

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

Online 1.5 BRL

On paper, per page 2 BRL

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

Online 1.5 BRL

On paper, per page 2 BRL

Protest fee (PCT Rule 68.3(e)):

Online 1,220 BRL

On paper 1,830 BRL

Late furnishing fee (PCT Rule 13ter.2):

Online 180 BRL

On paper 270 BRL

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Does the Office accept the filing of demands (PCT Chapter II) in electronic form?

For the relevant notification by the Office, refer to Official Notices (PCT Gazette) dated 23 October 2014, pages 154 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Languages accepted for international preliminary examination:

Portuguese

English

For international applications filed with any receiving Office except the receiving Offices established in the Latin America and Caribbean region.

Spanish

For international applications filed with the National Institute of Industrial Property (Brazil) acting as receiving Office or with the receiving Offices of the Latin American and Caribbean regions.

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1, with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Brazilian patent law

Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the biological material

Additional information

Deposits may also be made for the purposes of patent procedure before the National Institute of Industrial Property (Brazil) with any depositary institution authorized by the Institute.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, the Office permits reinstatement of rights under the “due care” and “unintentional” criteria.

Fee for reinstatement of rights

Online 90 BRL

On paper 135 BRL

Translation of international application required into (one of) the following language(s):

A translation of at least the claims must be furnished within the time limit applicable under PCT Article 22 or 39(1). The missing parts must be furnished within a time limit fixed in the invitation.

Portuguese

Required contents of the translation for entry into the national phase:

A translation of at least the claims must be furnished within the time limit applicable under PCT Article 22 or 39(1). The missing parts must be furnished within a time limit fixed in the invitation.

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Does the Office accept color drawings under its national law?

Yes, color or greyscale drawings or photographs are accepted as set out in the Normative Instruction 30/13. Reproductions of photographs, such as metallographic structures, or three-dimensional images generated by electronic software will be accepted as long as such reproductions are clear and allow a better understanding of the invention.

National fees:

These fees are reduced by 60% where the international application is filed by a natural person, a small or medium-sized enterprise, a cooperative, an academic institution, a non-profit-making entity or a public institution. For further details, refer to Official Resolution of the National Institute of Industrial Property (Brazil) No. 251/19 of 2 October 2019 and Official Ordinance No. 23 of 29 March 2021.

Patents

Filing fee

Must be paid within the time limit applicable under PCT Article 22 or 39(1).

online 175 BRL

Documents for entry into the national phase filed on paper are only accepted if received by mail. For further details, refer to the Official Resolution of the National Institute of Industrial Property (Brazil) No. 253/19 of 13 November 2019 and Official Ordinance No. 22/21 of 29 March 2021.

on paper 260 BRL

First annual fee

This fee is due within three months from the expiration of 24 months from the international filing date; where PCT Article 39(1) applies, it is due within three months from the date of entry into the national phase if that three-month time limit expires later. This fee is doubled if it is not paid within the prescribed time limit.

online 295 BRL

Utility models

Filing fee

Must be paid within the time limit applicable under PCT Article 22 or 39(1).

online 175 BRL

on paper 260 BRL

First annual fee

online 200 BRL

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Instrument of assignment where the name of the applicant has changed after the international filing date and the change has not been reflected in a notification from the International Bureau (PCT/IB/306)

Must be furnished or made within 60 days from the expiration of the time limit applicable under PCT Article 22 or 39(1).

Translation into Portuguese of the priority document’s filing certificate or statement permitting the application to be identified

Only if the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable.

Appointment of an agent if the applicant is not resident in Brazil

Must be furnished or made within 60 days from the expiration of the time limit applicable under PCT Article 22 or 39(1).

Who can act as agent?

Any natural or legal person resident in Brazil

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

BR.01 FORM FOR ENTERING THE NATIONAL PHASE

Ord. 39/21
It is strongly recommended to use the Office’s electronic system “e-Patentes”. The Office has available a form for the transmittal of documents for entering the national phase (“Form FQ003”, refer to Annex BR.II), which should preferably be used.

An electronic version of Form FQ003 is available on the Office’s website at: https://www.gov.br/inpi/pt-br/assuntos/patentes/Como-proteger-patente-no-exterior/FormulrioFQ003papel_DIRPA_05032021.pdf

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at: https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

BR.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed.

BR.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BR.I.

BR.04 INSTRUMENT OF ASSIGNMENT

Ord. 39/21
Where the priority of an earlier application is claimed and the applicant in that application is not identical with the applicant of the international application, a document containing proof of the applicant’s entitlement to claim priority of the earlier application should be furnished in Portuguese within two months from the date of receipt of the request for national phase entry, unless the corresponding declaration has been made in accordance with PCT Rule 4.17.

BR.05 POWER OF ATTORNEY

IPL Art. 217, Ord. 39/21
An agent must be appointed by filing a power of attorney. A model is given in Annex BR.III.

BR.06 ANNUAL FEES

IPL Art. 84, IPL Art. 85, Res. 113/13
They are payable within three months from the second and each subsequent anniversary of the international filing date. If the three-month period ends before the expiration of the time limit applicable for entering the national phase, the payment of the first annual fee may be made within three months after the expiration of that time limit. Payment can still be made during six months after the expiration of the three-month period. The amounts of the annual fees are indicated in Annex BR.I.

BR.07 REQUEST FOR EXAMINATION

IPL Art. 33
A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. The request for examination is subject to the payment of a fee using the Office’s electronic payment system. The amount of the fee is indicated in Annex BR.I.

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at:
https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

Ord. 54/21
An applicant may request prioritized examination of an application through the Office’s electronic system where:

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at:
https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

(i) the applicant is over sixty years of age;

There is no additional fee.

(ii) the applicant is handicapped;

There is no additional fee.

(iii) the applicant has a serious illness;

There is no additional fee.

(iv) grant of the patent is a condition for obtaining funding;

(v) claims in the application may be infringed;

(vi) a third party is being accused of infringing the application;

(vii) claims in the application may infringe a granted patent;

(viii) the applicant is an individual micro-entrepreneur (MEI), a microenterprise (ME) or a small business (EPP);

(ix) the applicant is a scientific, technological and innovation institution (ICTs);

(x) the applicant is a startup;

(xi) the claimed matter concerns green technologies;

(xii) the claimed matter concerns technology for health treatment;

(xiii) the claimed matter concerns technology for COVID-19 treatment;

(xiv) the claimed matter concerns technology requested by the Ministry of Health;

(xv) the claimed matter concerns technology of public interest of national emergency; or

(xvi) the claimed matter has the protection initially required in Brazil.

The amount of the fee is indicated as “fee for prioritized strategic examination” in Annex BR.I.

Ord. 55/21
The applicant of a patent application granted by any Patent Office responsible for examining patent applications with which the INPI has a PPH cooperation instrument signed and in force may request prioritized examination of a patent application in the same family through the Office’s electronic system.

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at: https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

The amount of the fee is indicated as “fee for prioritized collaborative examination” in Annex BR.I.

BR.08 TIME LIMIT FOR REQUESTING EXAMINATION

PL Art. 33, Res. 94/13, Ord. 302/20
Examination must be requested within 36 months from the international filing date.

BR.09 FEE FOR GRANT

IPL Art. 38
A fee for issue of the patent must be paid within 60 days after the publication in the Gazette of the Office (Revista da Propriedade Industrial) of the decision to grant the patent. The fee may also be paid within 30 additional days, subject to a surcharge. The amounts of the fees are indicated in Annex BR.I.

BR.10 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PCT Rule 52.1, PCT Rule 78.1
The following amendments may be made in the national phase:

Ord. 39/21
(i) within the time limit applicable under PCT Rule 52.1 or 78.1: amendments to the description, claims and drawing(s), provided that the scope of the subject matter of the application is not broadened thereby;

IPL Art. 32, IPL Art. 35
(ii) until a request for examination (refer to paragraph BR.07) is filed: changes to the text for the purposes of clarifying or restricting the application or correcting obvious typographical errors;

(iii) during the examination procedure: corrections for remedying any defect pointed out by the Office and amendments to the description, claims and drawings, provided that the scope of the subject matter of the application is not broadened thereby.

Any amendment must be accompanied by the General Procedural Request Form available through the Office’s electronic system.

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at: https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

The payment of the general procedural fee, the amount of which is indicated in Annex BR.I.

BR.11 REVIEW UNDER ARTICLE 25 OF THE PCT

Ord. 39/21, PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within 60 days from the date of the publication of the decision in the Gazette of the Office (Revista da Propriedade Industrial). The appeal is subject to the payment of an appeal fee (for the amount, refer to Annex BR.I). The President of the Office will then decide on the appeal.

BR.12 REINSTATEMENT OF RIGHTS

Ord. 39/21, PCT Rule 49.6
Reinstatement of rights may be requested where the applicant, unintentionally or in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. The applicant may request reinstatement of rights at the time of entry into the national phase by checking the box on “Form FQ003”, item 10 (refer to Annex BR.II or endnote 10). The request shall be submitted within two months from the removal of the cause of the failure to observe the time limit or 12 months from the date of expiration of the applicable time limit, whichever time limit expires earlier. The amount of the fee is indicated in Annex BR.I.

BR.13 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
The Office does not excuse the failure to comply with a time limit, neither during the international phase nor during the national phase, unless otherwise specified in this Chapter, although, in specific cases considered as force majeure cases, the delay may be excused.

BR.14 UTILITY MODEL

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, IN 30/13
Subject to what is said in paragraph BR.16, if the applicant wishes to obtain a utility model instead of a patent in Brazil, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

BR.15

The requirements for the national phase are basically the same as for patents, except that the fees for utility models must be paid.

BR.16 CONVERSION

An international application for a patent may be converted into a utility model application at any time after the applicant has performed the acts for entering the national phase indicated in the Summary and before the publication of the decision to grant a patent. The request for conversion must be made in writing with reference to the national application number and be accompanied by the General Procedural Request Form.

An electronic version of Form FQ003 is available on the Office’s website at: https://www.gov.br/inpi/pt-br/assuntos/patentes/Como-proteger-patente-no-exterior/FormulrioFQ003papel_DIRPA_05032021.pdf.

The payment of the general procedural fee, the amount of which is indicated in Annex BR.I.

BR.17 NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS

Ord. 48/22
Where the international application contains a disclosure of one or more nucleotide and/or amino acid sequences, which are essential for the description of the invention, the applicant shall submit these sequences in a sequence listing, in order to comply with the requirement of sufficient disclosure (Industrial Property Law No. 9279/96, Art. 24).

The sequence listing shall be submitted through the Office’s electronic system, in an electronic file of the sequence listing generated in text format (txt or XML).

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at: https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

The representation of nucleotide and/or amino sequence listings must comply with WIPO Standard ST.26 for international applications filed on or after July 1, 2022. For international applications with an earlier international filing date, WIPO Standard ST.25 continues to apply if the submission of a sequence listing is required in the national phase.

Annexes

Annex BR.I - Fees

Documents for entry into the national phase filed on paper are only accepted if received by mail (refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 22/21 of 29 March 2021.

Patents

Filing fee

Online 175 BRL

On paper 260 BRL

Fee for requesting examination:

— for patent application with no more than 10 claims

Online 590 BRL

— for each claim in excess of 10

Online 100 BRL

— for each claim in excess of 15

Online 200 BRL

— for each claim in excess of 30

Online 500 BRL

Fee for requesting examination via PCT, INPI/BR as ISA/IPEA:

— for patent application with no more than 10 claims

Online 390 BRL

— for each claim in excess of 10

Online 100 BRL

— for each claim in excess of 15

Online 200 BRL

— for each claim in excess of 30

Online 500 BRL

Fee for reinstatement of rights

Online 90 BRL

On paper 135 BRL

Fee for prioritized collaborative examination

Online 1,775 BRL

Fee for prioritized strategic examination

Online 890 BRL

Appeal fee

Online 1,065 BRL

Other petitions

Online 90 BRL

Annual fees:

These fees are doubled if they are not paid within the applicable time limit.

— for the 1^st and the 2^nd years

per year 295 BRL

— for the 3^rd to the 6^th year

per year 780 BRL

— for the 7^th to the 10^th year

per year 1,220 BRL

— for the 11^th to the 15^th year

per year 1,645 BRL

— for the 16^th to the 20^th year

per year 2,005 BRL

Utility models

Filing fee

Online 175 BRL

On paper 260 BRL

Fee for requesting examination

Online 380 BRL

Fee for requesting examination via PCT, INPI/BR as ISA/IPEA

Online 295 BRL

Annual fees:

These fees are doubled if they are not paid within the applicable time limit.

— for the 1^st and the 2^nd years

per year 200 BRL

— for the 3^rd to the 6^th year

per year 405 BRL

— for the 7^th to the 10^th year

per year 805 BRL

— for the 11^th to the 15^th year

per year 1,210 BRL

Certificate of addition

Annual fees:

These fees are doubled if they are not paid within the applicable time limit.

— for the 1^st and the 2^nd years

per year 105 BRL

— for the 3^rd to the 6^th year

per year 235 BRL

— for the 7^th to the 10^th year

per year 365 BRL

— for the 11^th to the 15^th year

per year 475 BRL

— for the 16^th to the 20^th year

per year 605 BRL

How can payment of fees be effected?

The Office’s electronic system is available at: https://gru.inpi.gov.br/peticionamentoeletronico/. Further details are available at: https://www.gov.br/inpi/pt-br/servicos/patentes/guia-basico.

The payment of fees must be effected in Brazilian reais through any agency of the Banco do Brasil in Brazil by using the Office’s online payment system