Overview (from entry to grant)
- When to enter: Enter the Brazilian national phase within 30 months from the earliest priority date. Missing this deadline is serious; Brazil allows reinstatement of rights under PCT Rule 49.6 only in limited “due care / unintentional” situations, and with an additional fee.
- On entry: File in Portuguese. At minimum, the title, abstract and claims must be in Portuguese on the filing date; the full specification translation can follow within a short grace period (commonly 30–60 days, depending on filing route) under current practice.
- Representation: Foreign applicants must appoint a Brazilian patent attorney/agent and provide a local address for service. A Power of Attorney (POA) is mandatory but can be filed shortly after entry; no notarization/legalisation is usually required.
- Triggering examination: Substantive examination begins only when a request for examination is filed. The deadline is 36 months from the international (PCT) filing date or Brazilian filing date, whichever applies.
- From entry to grant: After publication and examination, INPI issues office actions. Timely responses, amendments (without added matter) and payment of annual fees from the 2nd year onwards lead to grant; renewals then continue up to 20 years from the international filing date.
Essentials
| Topic | Brazil rule (concise) |
|---|---|
| National phase deadline | 30 months from earliest priority date (standard). |
| Late entry / reinstatement | Possible reinstatement of rights under PCT Rule 49.6 (due care / unintentional standards) with an additional fee; not guaranteed. |
| Filing language | Portuguese. At least title, abstract and claims in Portuguese on entry; remaining description translation shortly thereafter. |
| What must be on file to enter | National-phase request via INPI e-filing (e-INPI), Portuguese claims/title/abstract, and details of the PCT application (number, publication, priority). |
| Representation | Foreign applicants must appoint a Brazilian patent attorney/agent and provide a Brazilian address for service; POA can follow after filing. |
| Request for examination | Separate act; file within 36 months from the international filing (or Brazilian filing) date. |
| Annual fees | Annual fees start from the 2nd year (counted from the international filing date). First annuity is typically due around the time of national-phase entry for many PCT cases. |
| Utility model option | In some cases, applicants may consider filing or converting to a utility model; this is strategy-dependent and should be discussed with Brazilian counsel. |
| Status tracking | INPI provides online status and file information through its e-INPI and “Busca Web” portals. |
Documents & Information Checklist
Share the following with your Brazilian patent firm to prepare national-phase entry smoothly:
- PCT application details: application number, publication number, filing date, earliest priority date.
- Latest text: full specification, claims, abstract and drawings as filed and as published, including any Article 19/34 amendments you wish to carry through.
- Portuguese text: existing Portuguese translation (if any); otherwise, clean editable source (Word) for translation (claims, title and abstract prioritised).
- Applicant and inventor information: full names, addresses, entity type (individual, SME, company, university, etc.), and any change in applicant since the PCT filing.
- Power of Attorney: signed POA appointing the Brazilian agent (simple form, usually without notarization/legalisation).
- Assignment / entitlement documents: if the applicant is not the inventor, copies of assignment or inventor’s declaration (with simple translation where needed).
- Priority data: confirmation of priority claims; indicate if any priority documents and translations have not yet been lodged in the PCT file.
- Strategy inputs: whether you foresee late entry, wish to adjust claims to Brazilian practice, or plan for acceleration (e.g., PPH) at the examination stage.
Official Fees (e-filing)
Key government fees relevant from entry to request for examination for a standard invention patent via the PCT national phase. Values reflect the revised INPI fee schedule applicable from August 2025 (rounded).
| Fee item (e-filing) | Standard fee (BRL) | Notes |
|---|---|---|
| National phase filing (deposit) – PCT patent | 260 | Pay at or before the 30-month national-phase deadline to validly enter Brazil (online filing). |
| Reinstatement of rights (late entry) | 130 | Pay together with the late national-phase filing when seeking reinstatement under PCT Rule 49.6. Discretionary; detailed justification required. |
| First/second annual fees (each year) | 400 per year | Annual fees start from the 2nd year after the international filing date. For many PCT cases, the first annuity falls due around the national-phase entry window; your agent will calculate exact due dates. |
| Request for substantive examination (up to 10 claims) | 870 | Must be filed within 36 months from the international filing (or Brazilian filing) date. Additional per-claim surcharges apply for claims beyond 10; tiers exist for higher claim counts. |
Notes
- The table shows the standard (full) amounts typically applicable to foreign corporate applicants.
- Certain categories (e.g., natural persons, qualifying SMEs, cooperatives, public educational and research institutions) may enjoy 50% reductions on many patent fees; eligibility must be assessed case by case against INPI criteria.
- Translation costs (Portuguese) are not INPI fees; they are vendor/professional costs and often form a major part of the overall budget.
- Additional official fees may arise later (e.g., higher-year annual fees, claim-surcharge components over 10–15–30 claims, appeal/opposition costs). These are outside the immediate entry focus but should be factored into long-term budgeting.
Professional Fees at Brazilian Firms (guidance)
On iProxima, Brazilian patent firms typically quote flat professional fees in USD for PCT national-phase entry typically between 900 to 1,800 USD, separate from official fees and translation costs. Market data and public cost guides suggest the following ranges for a straightforward case (no extreme claim counts or urgency).
Process Steps (practical view)
- Confirm deadline and strategy
- Verify the 30-month deadline and whether reinstatement is needed or even possible if it has been missed.
- Decide whether to maintain PCT claims as filed or adapt them for Brazilian practice (e.g., multiple-dependency handling).
- Prepare Portuguese text and formalities
- Finalise Portuguese claims, title and abstract for filing; plan the full specification translation within the allowed window.
- Arrange the POA and any assignment/entitlement documents (these can often follow shortly after filing but should be ready).
- File national-phase entry
- Your Brazilian agent files via e-INPI with the required PCT data, Portuguese text and entry forms, and pays the national-phase filing fee (and, if applicable, reinstatement fee).
- INPI allocates a Brazilian application number and confirms formal entry into the national phase.
- Publication, examination request and annuities
- Ensure publication is on track (PCT publication is recognised, but Brazilian formalities must be in order).
- File the request for examination within 36 months from the international filing date; pay the examination fee and any claim-surcharge component.
- Pay the first and subsequent annual fees as they become due to keep the application alive.
- Prosecution to grant
- Respond to office actions within the prescribed deadlines, using arguments and permissible claim amendments (no added matter).
- Once INPI indicates allowability and grant formalities are complete, the patent is granted and maintained via annual fees for the remainder of the 20-year term.
What to share to get exact quotes
When requesting proposals from Brazilian firms on Iproxima, include:
- PCT application number, publication number and earliest priority date.
- Total claim count (and number of independent claims); identify multiple-dependent claims.
- Approximate word count of the specification and abstract (and whether a Portuguese translation already exists).
- Confirmation of whether entry will be on time or late, and your target filing date.
- Any Article 19/34 amendments to be adopted as the Brazilian claim set.
- Your entity type (individual, SME, large company, university, etc.) in case reduced official fees could apply.
- Any urgency (e.g., parallel negotiations, litigation risk, or need to synchronise with other jurisdictions).
This information allows Brazilian counsel to give a realistic fixed or capped quote for national-phase entry and early-stage prosecution.
References
- WIPO PCT Applicant’s Guide — Brazil (national-phase deadline, reinstatement, translation, and national fees).
- INPI / Ordinance 39/21 and updated fee schedule (effective Aug 2025 – deposit, exam and annuity amounts; 50% reductions).