Patent Application in Brazil

Seamless Patent Protection in Brazil

Our team at Brealant manages your Brazilian patent application end-to-end — from initial search and drafting through to filing and examination — combining attorney expertise with advanced technology so your invention gets the protection it deserves.

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Essential Guide to Patents in Brazil

Protecting Your Innovation with Brealant's Expertise

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Legal Definition of a Patent in Brazil
A patent application under Law No. 9,279/1996 is a request for exclusive rights to a new invention or utility model, examined by INPI before grant.
Methods of Medical Treatment
Methods of medically treating human beings are generally excluded, though related devices and pharmaceuticals may be patentable.
Mere Business Methods & Software as Such
Purely abstract business methods, computer programs as such, and schemes without a technical contribution.

A Hassle-Free Patent Application Journey with Brealant

Contact
Discuss your invention and filing strategy with a Brealant patent agent.
Search
We conduct a prior art search to assess patentability.
Quote
Receive a service quote tailored to your filing requirements.
Pay
Proceed with secure payment for the selected services.
File
We prepare the specification and lodge your application with INPI, claiming priority where relevant.
Wait
Request examination within the statutory deadline and await INPI's response; timing varies by case and can be longer than in some other jurisdictions.
Response
Once accepted and any post-grant challenges pass, INPI grants the patent.

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Clear, Simple Steps to Patentability

To be patentable in Brazil, an invention must be novel (not previously disclosed anywhere), involve an inventive step (not obvious to a person skilled in the art), and be capable of industrial application — generally excluding pure discoveries, scientific theories, and methods of medical treatment of humans.

Safeguarding Your Innovation in Brazil — With Brealant by Your Side

A granted Brazilian invention patent gives you the exclusive right to make, use, and sell your invention nationally for up to 20 years from filing (with a minimum guaranteed term of 10 years from grant), letting you commercialise, license, or enforce against competitors who copy the technology.

Limitations

What Cannot Be Patented in

Certain subject matter cannot be patented under Brazilian law, including

Discoveries & Scientific Theories
Pure discoveries and abstract scientific or mathematical theories or methods.
Methods of Medical Treatment
Methods of medically treating human beings are generally excluded, though related devices and pharmaceuticals may be patentable.
Mere Business Methods & Software as Such
Purely abstract business methods, computer programs as such, and schemes without a technical contribution.
Non-Novel Inventions
Anything already publicly disclosed anywhere in the world before the filing (or priority) date.
Obvious Variations
Inventions that don't involve an inventive step over existing technology.

INPI examines every application to ensure it meets these patentability requirements before grant.

What a Patent Protects

A granted Brazilian patent protects

The Invention Itself
The specific product, process, or method described and claimed in the specification.
Exclusive Commercial Rights
Your exclusive right to make, use, sell, or import the invention in Brazil.
Licensing Opportunities
The ability to license the invention to others for royalties or other commercial terms.
Enforcement Standing
Your standing to take infringement action against unauthorised use of the invention.

By partnering with patent experts in Brazil, you can ensure your innovation is properly protected from filing through to grant.

Timeline for Patent Application in Brazil

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The application process typically involves

Filing
The application is lodged with INPI, establishing the filing (or priority) date.
Publication
The application is published 18 months after filing (or priority), unless earlier publication is requested.
Examination Request
Substantive examination must be requested within 36 months of filing, or the application is deemed withdrawn.
Acceptance & Grant
Once objections are resolved, INPI grants the patent and issues the certificate.

Timelines vary significantly with the technology and INPI's backlog, and pendency in Brazil can be considerably longer than in some other jurisdictions — often several years from filing to grant, though recent INPI initiatives have been working to reduce this.

Understanding Patent Application Costs in Brazil — Simplified with Brealant

The cost of a patent application depends on the complexity of the invention

Official Filing Fees
INPI charges official fees at filing, on requesting examination, and, once granted, annual maintenance fees (anuidades) starting from the third year of filing.
Professional fees
INPI charges official fees at filing, on requesting examination, and, once granted, annual maintenance fees (anuidades) starting from the third year of filing.

These costs represent a valuable investment in securing exclusive rights to your invention.

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Continued Patent Protection in in Brazil — Supported by Brealant

Once granted, a patent requires ongoing annuity payments and can be actively monitored for infringement. Brealant supports clients through annuity tracking, licensing, and enforcement, so the value of the granted patent is protected over its full term.

Frequently Asked Questions

What's the difference between an invention patent and a utility model in Brazil?

An invention patent protects new products or processes and lasts up to 20 years from filing; a utility model protects a functional improvement to the shape or arrangement of an existing object and lasts up to 15 years from filing.

How long does a standard patent last in Brazil?

Up to 20 years from the filing date for invention patents, with a guaranteed minimum term of 10 years from the date of grant, subject to paying annual maintenance fees.

How long does the approval process take?

Timelines vary with the technology and INPI's backlog, but pendency in Brazil is often considerably longer than in other jurisdictions — sometimes several years from filing to grant.

Is examination automatic, or do I need to request it?

Examination must be formally requested within 36 months of the filing date, or the application will be deemed withdrawn.

What documents do I need to apply?

A technical description of the invention, any drawings or diagrams, details of the inventors and applicant entity, and details of any earlier priority filing, if claimed.

Can I claim priority from an earlier application filed in another country?

Yes, under the Paris Convention you can claim priority from a first filing abroad if the Brazilian application is filed within 12 months.

When is my Brazilian patent application published?

Applications are generally published 18 months from the filing or priority date, unless early publication is requested.

Are there reduced fees for individual inventors, startups, or small businesses?

Yes, INPI offers reduced official fees for individuals, micro and small enterprises, and certain non-profit and research institutions.

If an employee created the invention, who's entitled to file the application?

This depends on the employment relationship and any invention assignment agreement; Brazilian law has specific rules allocating rights to employer-created inventions, which we can assess for your situation.

How much does it cost to file a patent application in Brazil?

Costs include INPI's official filing fee, which varies by application type and applicant category, plus Brealant's professional fee, both of which we quote in advance.