On Friday, June 19, 2026, the Brazilian Patent and Trademark Office (BRPTO) published a report prepared by the Working Group on the Revision of Law #9,279/96 (the Brazilian Patent Statute – LPI) (GTPI), containing proposals for amendments to said Law resulting from an internal consultation conducted with its staff. The proposed amendments to the Brazilian Patent Statute, covering trademarks, patents, geographical indications, industrial designs, and technology transfer agreements, were categorized into the following groups: (1) accepted and/or priority proposals; (2) proposals to be regulated by internal rules; (3) proposals requiring clarification and/or non-priority proposals; and (4) rejected proposals.

The main proposals under groups (1) to (3) are outlined below.

(1) Accepted and/or Priority Proposals

Patents

• Amend Articles 10 and 18 to allow the protection of parts of living beings, biological sequences, and extracts. For example, allow patent protection for plant extracts with pharmacological activity; microorganisms isolated from nature with potential application in bioprocesses; peptides that constitute a “part” of natural proteins but exhibit distinct biological activity; and plants with genomes edited through genetic editing techniques;
• Amend Article 16 to include the possibility of restoration of priority for PCT applications and to allow priority to be claimed after filing;
• Amend Article 26 to limit divisional applications in order to prevent undue multiplication, require removal of the divided subject matter from the parent application, prohibit the re-filing of rejected subject matter, and restrict the number of divisional applications;
• Introduce a specific provision prohibiting double protection for the same invention, especially in  divisional applications;
• Amend Article 29 to clarify that a withdrawn application should not be published and to include a provision for withdrawal of applications;
• Amend Article 33 to change the deadline for requesting examination to the filing date, allowing the applicant to defer the request for examination for up to 36 months;
• Amend Article 38 to eliminate the requirement to pay the final fee; and
• Amend Articles 66 and 84 to 87 to allow annuity payments to be made by any interested party, extend the deadline for payment of annuities from 3 to 6 months, and reduce the deadline for reinstatement of applications and patents from 3 months to 60 days.

Industrial Designs

• Amend Article 95 to adapt the concept of industrial design to the reality of the technology sector, excluding or reformulating the requirement of industrial manufacture, providing for protection of partial designs and non-physical objects (e.g., holograms, dynamic graphical user interfaces), and modifying the concept of originality;
• Amend Article 104 to eliminate the possibility of submitting variations of a design, while introducing the concept of “related designs,” allowing the filing of variations of the same registration, with their term limited by that of the reference design;
• Amend Article 106 to allow for search and substantive examination in order to reduce the frequency of Post-Grant Opposition Proceedings (PAN);
• Amend Article 113 to allow ex officio initiation of Post-Grant Opposition Proceedings (PAN) based on the violation of any provision of the Brazilian Patent Statute;
• Amend Articles 108 and 120 to provide for a term of protection consisting of five successive 5-year periods;
• Amend Article 96 to change the grace period from 180 days to 6 months;
• Amend Article 99 to change the deadline for submitting proof of priority from 90 days to 4 months;
• Amend Article 106, §1, to change the secrecy period from 180 days to 6 months; and
• Amend Article 108 to change the additional deadline for payment of renewal fees from 180 days to 6 months.

Trademarks

• Amend Articles 158, 159, and 160 to modify opposition proceedings so that they occur after substantive examination (preliminary granting), rather than as a step prior to examination;
• Amend Articles 122 and 155 to expand the forms of trademark representation, allowing registration of non-traditional marks, especially sound marks;
• Reduce the non-use cancellation period from 5 to 3 years and include loss of distinctiveness (genericide) as a ground for cancellation;
• Amend Article 124 to remove the prohibition on the registration of advertising expressions;
• Adjust the interpretation of Article 126 to clarify that the protection afforded to well-known marks applies, in particular, to foreign marks not registered in Brazil;
• Amend Article 128 to reinforce the requirement of compatible activity for individual applicants seeking trademark registration;
• Establish that claims of prior use rights must be raised at an earlier stage, through opposition;
• Amend Article 217 to ease the requirement for foreign owners to appoint a representative domiciled in Brazil, in light of international agreements.

Geographical Indications

• Amend Article 182 to allow the use of GIs as ingredients in processed products, with regulation of conditions of use, definition of minimum requirements in the product specification file, and delimitation of the geographical area;
• Amend Articles 177 and 178 to establish specific technical criteria for different economic sectors;
• Introduce governance rules defining the rights and obligations of representative entities.

Technology Agreements

• Establish that the 30-day term for a decision begins once the application file is complete.

(2) Proposals to be regulated by internal rules

Patents

• Amend Examination Guidelines to better detail the exclusion of scientific theories from patent protection (Art. 10, I), and to regulate the terms and typology of business methods (Art. 10, III) through BRPTO manuals, guidelines, and technical instructions, allowing their protection;
• Introduce fees for additional alternative sets of claims submitted during examination in response to office actions.

Technology Agreements

• Improve the mechanism for offering licenses and introduce additional disclosure mechanisms;
• Allow annotation of agreements involving industrial property rights directly in the corresponding industrial property asset.

(3) Proposals Requiring Clarification and/or Non-Priority

Patents

• Allow patent protection for computer programs (Art. 10, V);
• Prohibiting the filing of divisional applications after the request for examination, except when initiated ex officio.

Industrial Designs

• Amend Article 95 to include protection for typography and remove the novelty requirement;
• Amend Articles 96 and 97 to modify the definitions of novelty and originality;
• Amend Article 100, II, to clarify the concept of a common or ordinary shape not eligible for registration;
• Amend Article 103 to extend the deadline for compliance with formal requirements from 5 days to 30 or 60 days;
• Amend Article 106 to adapt the provision to the new examination procedure.

Trademarks

• Amend Article 124, item II, to clarify that non-registrable letters are those in common use within the territory;
• Amend Article 124, item III, to replace the expression “sign contrary to morality and good customs” with categories such as racial prejudice, xenophobia, and incitement to hatred and violence;
• Amend Article 124, item V, to require that protected trade names be used in more than one state of the federation;
• Amend Article 124, item VI, to allow registration based on acquired distinctiveness;
• Introduce a new provision to protect well-known or highly known marks that have been extinguished;
• Amend Article 174 to introduce a new judicial action allowing continued use of a mark and providing for a deferred statute of limitations period based on prior use rights.

Geographical Indications

• Introduce a provision granting BRPTO enforcement authority over GIs.

According to the GTPI, the report serves as a repository of information for ongoing consultation by decision-makers, supporting the BRPTO’s position on legislative amendment proposals and, where appropriate, the development of its own proposals.

A copy of the report containing the proposed amendments to the Brazilian Patent Statute is available here.

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