PCT Applicant's Guide Brazil - Valid as from October 1, 2026

GENERAL INFO
RO
ISA
IPEA
BIO
NATIONAL CHAPTER

Applicable as from October 1, 2026

(Last updated on September 17, 2026)

Summary of latest changes in this version
Annex D - International Searching Authority:
Search fee (PCT Rule 16) increased to 400 CHF
List of changes

All available versions

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 1996Normative Instruction No. 2/20 of 26 June 2020Res.: Resolution No. 94/13 of 16 June 2013Resolution No. 113/13 of 15 October 2013Resolution No. 253/19 of 13 November 2019Ord.: Ordinance No. 302/20 of 12 August 2020Ordinance No. 22/21 of 26 March 2021Ordinance No. 39/21 of 23 August 2021Ordinance Nos. 54/21 and 55/21 of 15 December 2021Ordinance No. 48/22 of 20 June 2022Ordinance No. 52/23 of 19 December 2023Ordinance No. 14/24 of 29 August 2024Ordinance No. 10/25 of 9 May 2025

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 SundayAdditional 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-brhttp://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)?

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

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

BR, IB

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.BR

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-basicoAs IPEA, from, AO, CL, CO, CU, CV, GT, PA, PE, ST, UYThe 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: BR9300000000022340003330281C1As 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 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))

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., 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))

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, US

Competent International Preliminary Examining Authority:

AT, BR, CL, SEEPThe 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).USThe 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 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 2025.260 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)):

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).90 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, BS, CL, CO, CU, CV, GT, PA, PE, ST, UY

Fees payable to the ISA:

Search fee (PCT Rule 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.2,510 BRL400 CHF436 EUR513 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 50% under certain conditions. For further details, refer to Ordinance No. 10/25 of 9 May 2025.2,010 BRL

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

0 BRL

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

0 BRL

Protest fee (PCT Rule 40.2(e)):

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

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

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

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

None (the entire printable copy of the sequence listing and identifying data should be sent only by ePCT).

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, BS, CL, CO, CU, CV, GT, PA, PE ST

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

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 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 2025.930 BRL

Additional preliminary examination fee (PCT Rule 68.3):

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):

0 BRL

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

0 BRL

Protest fee (PCT Rule 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 2025.1,810 BRL

Late furnishing fee (PCT Rule 13ter.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 2025.260 BRL

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

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

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

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:https://www.wipo.int/documents/d/treaties/docs-en-registration-budapest-idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/en/web/budapest-system/guide/section_d/subsection_cNotifications related thereto may be consulted under:https://www.wipo.int/en/web/treaties/registration/budapest/indexFurther information concerning the requirements of international depository authorities under the Budapest Treaty is available at:https://www.wipo.int/en/web/budapest-system/guide/index

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

The amount in parentheses is applicable to paper filings.130 BRL(200 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 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, abstractUnder 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 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.

National fees:

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.

Patents

Filing fee

Must be paid within the time limit applicable under PCT Article 22 or 39(1).260 BRLThe amount in parentheses is applicable to paper filings. 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.(380 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.400 BRL

Utility models

Filing fee

First annual fee

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 identifiedOnly 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 BrazilMust 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. 39/21It 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.pdfThe 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. 39/21Where 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.

BR.05 POWER OF ATTORNEY

IPL Art. 217, Ord. 39/21An agent must be appointed by filing a power of attorney.

BR.06 ANNUAL FEES

IPL Art. 84, IPL Art. 85, IPL Art. 86, IPL Art. 87, Res. 113/13An 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.

BR.07 REQUEST FOR EXAMINATION

IPL Art. 33A 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. 54/21An 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 produced by third parties without authorization;(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;(xvii) technology processes resulting from public funding.The amount of the fee is indicated as “fee for prioritized strategic examination” in Annex BR.I.Ord. 55/21The 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

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

BR.09 FEE FOR GRANT

IPL Art. 38A 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 Article 28, PCT Article 41, PCT Rule 52.1, PCT Rule 78.1The 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

IPL Art. 212, IPL Art. 213, IPL Art. 214, IPL Art. 215, PCT Article 25, PCT Rule 51The 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.

BR.12 REINSTATEMENT OF RIGHTS

Ord. 39/21, PCT Rule 49.6Reinstatement 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 Article 24(2), PCT Article 48(2), PCT Rule 82bisThe 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 Article 4(3), PCT Article 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, Ord. 14/24Subject 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. 48/22If 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.

Annexes

Annex BR.I - Fees

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.

Patents

Filing fee

The amount in parentheses is applicable to paper filings. 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 2025.260 BRL(380 BRL)

Fee for requesting examination:

— for patent application with no more than 10 claims

870 BRL

— for each claim in excess of 10

140 BRL

— for each claim in excess of 15

290 BRL

— for each claim in excess of 30

740 BRL

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

— for patent application with no more than 10 claims

570 BRL

— for each claim in excess of 10

140 BRL

— for each claim in excess of 15

290 BRL

— for each claim in excess of 30

740 BRL

Fee for reinstatement of rights

The amount in parentheses is applicable to paper filings.130 BRL(200 BRL)

Fee for prioritized collaborative examination

440 BRL

Fee for prioritized strategic examination

890 BRL

Appeal fee

1,580 BRL

Other petitions

130 BRL

Annual fees:

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.

— for the 1st and the 2nd years

per year 400 BRL

— for the 3rd to the 6th year

per year 1,000 BRL

— for the 7th to the 10th year

per year 1,600 BRL

— for the 11th to the 15th year

per year 2,200 BRL

— for the 16th to the 20th year

per year 2,800 BRL

Utility models

Filing fee

Fee for requesting examination

560 BRL

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

370 BRL

Annual fees:

— for the 1st and the 2nd years, per year

240 BRL

— for the 3rd to the 6th year, per year

600 BRL

— for the 7th to the 10th year, per year

960 BRL

— for the 11th to the 15th year, per year

1,320 BRL

Certificate of addition

Fee for requesting examination

280 BRL

Annual fees:

— for the 1st and the 2nd years, per year

120 BRL

— for the 3rd to the 6th year, per year

300 BRL

— for the 7th to the 10th year, per year

480 BRL

— for the 11th to the 15th year, per year

660 BRL

— for the 16th to the 20th year, per year

840 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

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.Annex BR.II - Form FQ003 (National Phase Entry PCT Form)Annex BR.III - Form FQ002 (General Procedural Request Form)Annex BR.IV - Form FQ009 (Request for Priority Examination)Annex BR.V - Form FQ013 (Request for Green Patent Program)Annex BR.VI - Form FQ015 (Request for participation in the Patent Prosecution Highway Project)

Processing

WIPO - PCT Applicant's Guide BR - Brazil
National Institute of Industrial Property (Brazil)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide BR - Brazil National Institute of Industrial Property (Brazil)

Information

Error Information Warning Confirmation

All document versions available for BR - Brazil

WIPO - PCT Applicant's Guide BR - Brazil
National Institute of Industrial Property (Brazil)