Essential Guide to PCT National Phase Filing in

Brazil

Protecting Your International Filing with Brealant's Expertise

A Hassle-Free PCT National Phase Filing Journey with Brealant

  • Contact

    Reach out to Brealant with your PCT application details well ahead of the deadline.

  • Search

    We review your PCT application and any International Search/Preliminary Examination reports.

  • Quote

    Receive a service quote for the national phase entry and prosecution.

  • Pay

    Proceed with secure payment for the selected services.

  • File

    We prepare the required Portuguese-language translation, adapt claims if needed, and file the national phase entry with INPI.

  • Wait

    We request examination within the deadline and await INPI's response.

  • Response

    Once accepted, INPI proceeds to grant of the Brazilian patent.

Clear, Simple Steps Into the Brazilian National Phase

Brazil's national phase entry deadline is 30 months from the earliest priority date claimed in the PCT application. Understanding this deadline, and what's required to meet it — including a full Portuguese translation — is the clearest way to preserve your Brazilian patent rights.

Safeguarding Your Priority Date

in

Brazil

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With Brealant by Your Side

The 30-month window is firm, with only very limited restoration options if missed. Brealant tracks PCT priority dates for clients well ahead of the deadline, so Brazilian rights are never lost through an administrative oversight.

Limitations

What National Phase Entry Cannot Do

National phase entry is essential, but it has boundaries

Firm Deadline

The 30-month deadline is generally firm, with only very limited restoration options if missed.

Doesn't Guarantee Grant

Entering the national phase starts Brazilian examination; it doesn't guarantee the patent will be granted.

Claims May Need Adaptation

Claims accepted internationally can still require adaptation to meet Brazilian examination practice.

Local Representation Required

Non-residents must appoint a local attorney or agent domiciled in Brazil to represent them before INPI.

Separate Maintenance Obligations

Once granted, the Brazilian patent has its own annuity schedule, independent of other jurisdictions.

Brealant reviews your PCT application early enough to address these issues well before the deadline.

National Phase Entry Protects

Timely national phase entry protects

Your Priority Date

The earliest priority date claimed in your PCT application, preserved for the Brazilian filing.

Your Filing Strategy

The option to pursue Brazilian protection without having to file a separate application from scratch.

International Search Findings

The benefit of any favourable International Search or Preliminary Examination results.

Your Global Portfolio

Consistency between your Brazilian rights and corresponding filings in other jurisdictions.

Brealant makes sure the transition from international to Brazilian filing is seamless.

Timeline for PCT National Phase Filing in

Brazil

National phase entry follows these stages

  • PCT Filing

    The international application is filed, establishing the priority date.

  • National Phase Deadline

    Brazil's national phase entry deadline is 30 months from the earliest priority date.

  • Entry & Examination

    The national phase application is filed, with a Portuguese translation, and examination is requested.

  • Grant

    Once accepted, INPI proceeds to grant of the Brazilian patent.

Missing the 30-month national phase deadline generally means losing the ability to obtain patent protection in Brazil via that application.

Understanding

National Phase Filing Costs

in

Brazil

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Simplified with Brealant

Costs cover both the entry itself and subsequent prosecution

Official Filing Fees

INPI charges an official national phase entry fee, plus subsequent examination and annuity fees.

Professional fees

INPI charges an official national phase entry fee, plus subsequent examination and annuity fees.

We quote this once we've reviewed your PCT documents, so costs are clear before you commit.

Continued Support After National Phase Entry

in

Brazil

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Supported by Brealant

Once national phase entry is filed, Brealant manages the Brazilian application through examination and any office actions, keeping it aligned with your broader international patent strategy.

Frequently Asked Questions

What is the deadline to enter the Brazilian national phase?

30 months from the earliest priority date of your PCT application.

Do I need a local patent attorney to file the national phase?

Yes, non-residents must appoint an attorney or agent domiciled in Brazil to represent them before INPI, which Brealant provides.

Will my PCT claims need to change for Brazil?

Sometimes — claims that were acceptable internationally can require adaptation to meet Brazilian examination practice, which we assess on entry.

Does the national phase application need to be translated?

Yes, a full Portuguese-language translation of the specification is required as part of the national phase entry.

Can the national phase deadline be extended?

Restoration options are very limited and not guaranteed, so it's important to instruct Brealant well before the 30-month deadline.

Does Brazil participate in the Patent Prosecution Highway?

Yes, INPI runs PPH agreements and pilot programs with a number of patent offices, which can accelerate examination for applications that qualify.

How much does it cost to enter the Brazilian national phase?

Costs include INPI's national phase entry fee and translation costs, plus Brealant's professional fee, which we quote before the 30-month deadline.

What happens immediately after national phase entry is filed?

INPI conducts a formalities check, then the application proceeds toward publication and examination alongside directly filed applications.

Can a PCT application be used to seek utility model protection in Brazil?

Yes, subject to meeting Brazil's utility model requirements, a PCT application can be converted into a utility model filing on national phase entry.

Can national phase entry be expedited for urgent cases?

In limited circumstances, such as qualifying for the PPH or a substantiated request for priority examination, the process can be accelerated — we'll advise if your case qualifies.

Enter the Brazilian National Phase

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