WIPO - PCT Applicant's Guide BR - 巴西
巴西国家工业产权局

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    ISA: ISA fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: National Institute of Industrial Property (Brazil)
    IPL: Industrial Property Law No. 9279/96 of 14 May 1996
    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. 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
    Ordinance No. 52/23 of 19 December 2023
    Ordinance No. 14/24 of 29 August 2024
    Ordinance No. 10/25 of 9 May 2025
    [MT] 本文档中使用的货币列表 :
    BND (文莱元), CHF (瑞士法郎)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 26bis.3(j),
    细则 49.5(l),
    细则 49.5(c-bis),
    细则 49ter.1(g),
    细则 49ter.2(h)

    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    巴西
    [MT] 两个字母代码 :
    BR
    [MT] 办公室名称:
    巴西国家工业产权局
    [MT] 地点：
    Rua Mayrink Veiga 9
    20º andar
    Centro
    Rio de Janeiro
    RJ – CEP 20.090-910
    Brazil
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话：
    (55-21) 3037 37 42
    (55-21) 3037 42 44
    [MT] 电子邮件：
    None
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    不
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    BR,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    BR
    [MT] 通过PCT 提供的保护类型:
    certificates of addition,
    Patents,
    Utility models
    [MT] 办公室接受的付款方式:
    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,
    ST

    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
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    None
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    Must be in the request or furnished within the time limit applicable under PCT Article 22 or 39(1)
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    巴西
    [MT] 国际申请可用语言提交:
    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
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    Same language as the international application (English, Portuguese or Spanish)
    [MT] 请求书可用语言提交:
    English,
    Portuguese,
    Spanish
    Number of copies required by the receiving Office if the international application is filed on paper:
    Not applicable, as the Office accepts the filing of international applications only in electronic form or by electronic means (PCT Rule 89bis.1(d-bis))
    [MT] 接收局是否接受以电子形式提交国际申请?
    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., 21 July 2022, page 185 and 3 July 2025, page 105.
    Yes, the Office accepts electronic filing via ePCT-Filing. Note that the Office will not accept the filing of international applications on paper (PCT Rule 89bis.1(d-bis))
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    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.
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    不
    [MT] 国际主管查询机关 :
    AT,
    BR,
    CL,
    EP,
    SE,
    US
    [MT] 国际初步审查主管机关 :
    AT,
    BR,
    CL,
    SE

    EP
    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).
    US
    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 传输费用 :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    online 260 BRL
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in BRL of 1,330 CHF
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in BRL of 15 CHF
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    Equivalent in BRL of 200 CHF
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    Equivalent in BRL of 300 CHF
    [MT] 搜索费用:
    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)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    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 90 BRL
    [MT] 接受局是否要求代理人?
    不
    [MT] 谁可以担任代理人?
    Any natural or legal person resident in Brazil
    [MT] 委托书的放弃:
    [MT] 办公室是否已放弃提交单独授权书的要求?
    Refer to the Office
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    Refer to the Office

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    AO,
    BR,
    CL,
    CO,
    CU,
    CV,
    GT,
    PA,
    PE,
    ST,
    UY
    Fees payable to the ISA:
    [MT] 查询费(PCT规则16 ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
    Online 2,510 BRL
    Online 375 CHF
    Online 403 EUR
    Online 470 USD
    [MT] 附加查询费 (PCT规则40.2 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances. It is reduced by 50% under certain conditions. For further details, refer to Ordinance No. 10/25 of 9 May 2025.
    Online 2,010 BRL
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 0 BRL
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 0 BRL
    [MT] 抗辩费(PCT规则40.2(e) ) :
    This fee is payable to the International Searching Authority and only in particular circumstances. It is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 1,810 BRL
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    This fee is payable to the International Searching Authority and only in particular circumstances. It is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 260 BRL
    [MT] 退还条件和退还的搜索费用的数额:
    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%
    [MT] 国际搜索接受的语言 :
    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.
    [MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?
    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.
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    None (the entire printable copy of the sequence listing and identifying data should be sent only by ePCT).
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    [MT] 管理局是否已放弃提交单独授权书的要求？
    Refer to the Office
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    Refer to the Office

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    AO,
    BR,
    CL,
    CO,
    CU,
    CV,
    GT,
    PA,
    PE,
    ST
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    不
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则58 ) :
    This fee is payable to the International Preliminary Examining Authority.
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 930 BRL
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances. It is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 540 BRL
    [MT] 处理费 (PCT规则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
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 0 BRL
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 0 BRL
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 1,810 BRL
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    This fee is reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Online 260 BRL
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 专利局是否接受以电子形式提交请求书(PCT第二章 )?
    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
    [MT] 国际初步审查可接受的语言 :
    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.
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    [MT] 管理局是否已放弃提交单独授权书的要求？
    Refer to the Office
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    Refer to the Office

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    None
    [MT] 任何其他说明：
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the biological material
    [MT] 其他资料
    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.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “due care” and “unintentional” criteria.
    Fee for reinstatement of rights
    Online 130 BRL
    On paper 200 BRL
    [MT] 国际申请必须翻译成以下语言之一:
    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
    [MT] 进入国家阶段的翻译必须具备以下内容:
    A translation into Portuguese of either the claims or the description 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)
    [MT] 在特殊情况下是否需要国际申请副本?
    不
    [MT] 局是否根据其国家法律 接受彩色图纸?
    Yes, color or greyscale drawings or photographs are accepted as set out in Ordinance No. 14/24. 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.
    [MT] 国家费用 :
    These fees are reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    [MT] 专利
    [MT] 申请费
    Must be paid within the time limit applicable under PCT Article 22 or 39(1).
    online 260 BRL
    Documents for entry into the national phase filed on paper are only accepted if received by mail. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    on paper (only by mail) 380 BRL
    [MT] 第一年费
    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 400 BRL
    [MT] 实用新型
    [MT] 申请费
    Must be paid within the time limit applicable under PCT Article 22 or 39(1).
    online 260 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 Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    on paper (only by mail) 380 BRL
    [MT] 第一年费
    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 240 BRL
    [MT] 免除、减少或退还费用:
    None
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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).
    [MT] 谁可以担任代理人?
    Any natural or legal person resident in Brazil
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    不
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    不

    [MT] 国家阶段的程序

    [MT] BR.01 进入国家阶段的表格
    政令第39/21号
    It is strongly recommended to use the Office’s electronic system. 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.
    [MT] BR.02 翻译(更正)
    Errors in the translation of the international application can be corrected with reference to the text of the international application as filed.
    [MT] BR.03 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BR.I.
    [MT] BR.04 转让文书
    政令第39/21号
    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 60 days 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.
    [MT] 律师的权力
    IPL Art. 217,
    政令第39/21号

    An agent must be appointed by filing a power of attorney.
    [MT] BR.06 年费
    IPL Art. 84,
    IPL Art. 85,
    IPL Art. 86,
    IPL Art. 87,
    Res. 113/13

    An annual fee must be paid for a patent application or a granted patent. Annual fees for a patent application must be paid while the application is being processed by the Office. If the patent is granted, the annual fees must continue to be paid for as long as the patent remains in force.
    Annual fees are due starting from the beginning of the 3rd year, counted from the filing date with the Office. This means no annual fees are due during the first two years after filing.
    For patent applications filed under the PCT, the date for counting the annual fee period is the date of international filing of the patent application.
    For each annual fee, there is a standard deadline of 3 months and an extended deadline of 6 months for payment.
    The fee is higher if paid during the extended period. The amount also varies depending on whether the application or patent is for an invention or a utility model. The amounts of the annual fees are indicated in Annex BR.I.
    When a PCT application enters the national phase in Brazil, any due annuities must be paid within 3 months from the entry of the application into the national phase in Brazil.
    [MT] BR.07 审查请求
    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.
    [MT] BR.08 请求审查的时限
    IPL Art. 33,
    Res. 94/13,
    Ord. 302/20

    Examination must be requested within 36 months from the international filing date.
    [MT] BR.09 赠款费用
    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.
    [MT] BR.10 申请书的修改;时限
    PCT 条约 28,
    PCT 条约 41,
    PCT 细则 52.1,
    PCT 细则 78.1

    The following amendments may be made in the national phase:
    政令第39/21号
    (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.
    [MT] 根据《专利法》第25条进行复审
    IPL Art. 212,
    IPL Art. 213,
    IPL Art. 214,
    IPL Art. 215,
    PCT 条约 25,
    PCT 细则 51

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] BR.12 恢复权利
    政令第39/21号,
    PCT 细则 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.
    [MT] BR.13 会议时间限制延误的理由
    PCT 条约 24(2),
    PCT 条约 48(2),
    PCT 细则 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.
    [MT] BR.14 实用新型
    PCT 条约 4(3),
    PCT 条约 43,
    PCT 细则 49bis.1,
    PCT 细则 49bis.1(a),
    PCT 细则 49bis.1(b),
    PCT 细则 76.5,
    Ord. 14/24

    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.
    [MT] BR.16 转换
    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.
    [MT] BR.17 核苷酸和氨基酸序列列表
    Ord. 48/22
    If the international application discloses one or more nucleotide and/or amino acid sequences essential to the description of the invention, the applicant must submit them in a sequence listing (SL), in accordance with the requirement of sufficient disclosure set forth in Article 24 of the IPL No. 9279/96. International applications filed on or after July 1, 2022 must submit the SL in ST.26 format, using an XML file. For international applications with an international filing date prior to July 1, 2022, the ST.25 standard remains applicable at the national phase, if submission of a sequence listing is required, and must follow the same format used in the international application. In the case of divisional applications, the SL must follow the same standard as the original application. The use of the WIPO Sequence software for generating the SL is strongly recommended.
    The SL 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.

    [MT] 附件 1

    [MT] 附件B.I - 收费
    These fees are reduced by 50% under certain conditions. For further details, refer to Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    Documents for entry into the national phase filed on paper are only accepted if received by mail (refer to the Official Ordinance of the National Institute of Industrial Property (Brazil) No. 10/25 of 9 May 2025.
    [MT] 专利
    [MT] 申请费
    Online 260 BRL
    On paper (only by mail) 380 BRL
    [MT] 申请考试费用:
    [MT] 专利申请人不得超过10项权利要求
    Online 870 BRL
    [MT] 对于每件超过10件的索赔
    Online 140 BRL
    [MT] 对于每一件超过15件的索赔
    Online 290 BRL
    [MT] 对于每一件超过30件的索赔
    Online 740 BRL
    [MT] 通过PCT 、INPI / BR 作为ISA / IPEA 申请审查的费用:
    [MT] 专利申请人不得超过10项权利要求
    Online 570 BRL
    [MT] 对于每件超过10件的索赔
    Online 140 BRL
    [MT] 对于每一件超过15件的索赔
    Online 290 BRL
    [MT] 对于每一件超过30件的索赔
    Online 740 BRL
    [MT] 恢复权利的费用
    Online 130 BRL
    On paper 200 BRL
    [MT] 优先协作审查费
    Online 440 BRL
    [MT] 优先战略审查费
    Online 890 BRL
    [MT] 上诉费
    Online 1,580 BRL
    [MT] 其他请愿书
    Online 130 BRL
    [MT] 年费:
    These fees are doubled if they are not paid within the applicable time limit.
    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.
    [MT] — 第一年和第二年
    per year 400 BRL
    [MT] 第三至第六年
    per year 1,000 BRL
    [MT] 7至10年级
    per year 1,600 BRL
    [MT] — 第11至15年
    per year 2,200 BRL
    [MT] — 第16年至第20年
    per year 2,800 BRL
    [MT] 实用新型
    [MT] 申请费
    Online 260 BRL
    On paper (only by mail) 380 BRL
    [MT] 申请审查的费用
    Online 560 BRL
    [MT] 通过PCT 、INPI / BR 作为ISA / IPEA申请审查的费用
    Online 370 BRL
    [MT] 年费:
    These fees are doubled if they are not paid within the applicable time limit.
    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.
    [MT] — 第一年和第二年
    per year 240 BRL
    [MT] 第三至第六年
    per year 600 BRL
    [MT] 7至10年级
    per year 960 BRL
    [MT] — 第11至15年
    per year 1,320 BRL
    [MT] 加入证书
    [MT] 申请审查的费用
    Online 280 BRL
    [MT] 年费:
    These fees are doubled if they are not paid within the applicable time limit.
    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.
    [MT] — 第一年和第二年
    per year 120 BRL
    [MT] 第三至第六年
    per year 300 BRL
    [MT] 7至10年级
    per year 480 BRL
    [MT] — 第11至15年
    per year 660 BRL
    [MT] — 第16年至第20年
    per year 840 BRL
    [MT] 如何支付费用?
    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
    Current version applicable from 2026年1月1日 , printed on 2026年2月17日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00