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If you've filed an international application under the Patent Cooperation Treaty, entering the Brazilian national phase is how you actually secure patent protection here. Our team at Brealant manages the national phase entry so your international filing date and priority are preserved.
Legal Definition of National Phase Entry
National phase entry is the process of converting an international PCT application into a national application before INPI, under Law No. 9,279/1996.
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.
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Contact
Reach out to Brealant with your PCT application details well ahead of the deadline.
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Search
We review your PCT application and any International Search/Preliminary Examination reports.
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Quote
Receive a service quote for the national phase entry and prosecution.
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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.
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Wait
We request examination within the deadline and await INPI's response.
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Response
Once accepted, INPI proceeds to grant of the Brazilian patent.
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.
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.
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.
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.
National phase entry follows these stages
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PCT Filing
The international application is filed, establishing the priority date.
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National Phase Deadline
Brazil's national phase entry deadline is 30 months from the earliest priority date.
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Entry & Examination
The national phase application is filed, with a Portuguese translation, and examination is requested.
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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.
Costs cover both the entry itself and subsequent prosecution
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INPI charges an official national phase entry fee, plus subsequent examination and annuity fees.
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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.
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.
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30 months from the earliest priority date of your PCT application.
Yes, non-residents must appoint an attorney or agent domiciled in Brazil to represent them before INPI, which Brealant provides.
Sometimes — claims that were acceptable internationally can require adaptation to meet Brazilian examination practice, which we assess on entry.
Yes, a full Portuguese-language translation of the specification is required as part of the national phase entry.
Restoration options are very limited and not guaranteed, so it's important to instruct Brealant well before the 30-month deadline.
Yes, INPI runs PPH agreements and pilot programs with a number of patent offices, which can accelerate examination for applications that qualify.
Costs include INPI's national phase entry fee and translation costs, plus Brealant's professional fee, which we quote before the 30-month deadline.
INPI conducts a formalities check, then the application proceeds toward publication and examination alongside directly filed applications.
Yes, subject to meeting Brazil's utility model requirements, a PCT application can be converted into a utility model filing on national phase entry.
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.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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