Although national laws governing Intellectual Property (IP) exhibit a high degree of uniformity, each country has specific rules and unique interpretations that differ from those applicable in other jurisdictions. Brazil has its own peculiar set of rules, which may surprise professionals, inventors, and patent owners familiar with the IP patent systems operating in the United States, Europe, or countries in Asia. This page provides an exclusive real-time analysis of official databases on the Brazilian Patent System.
Licks Attorneys, one of the most active law firms in Brazil's patent field, offers here an independent survey and data analysis by our specialists on several issues related to the country's patent landscape. This website will also provide information on the procedures of the Brazilian Patent and Trademark Office (BRPTO), as well as from other official sources of the Brazilian Government concerning the country´s patent system.
Decisions issued on utility patent applications in first instance
Information on the pendency time of utility patent applications awaiting for a final decision on substantive examination.
Use of the patent system by Brazilian nationals
Utility Patent, Utility Model and Design Applications filed in Brazil
Applications filed from January 1997 to December 2021. Nationals v Non-nationals
Industrial Design Applications filed in Brazil
Applications filed from January 1997 to December 2021. Nationals v Non-nationals
Utility Model Applications filed in Brazil
Applications filed from January 1997 to December 2021. Nationals v Non-nationals
Utility Patent Applications filed in Brazil
Applications filed from January 1997 to December 2021. Nationals v Non-nationals
BRPTO allowance rate of utility patent and utility model applications
IPC’s section of utility patent and utility model applications
Brazilian Patent System: A brief overview of the BRPTO’s numbers
Brazilian Legislative evolution 185 years of utility patent protection term
Percentage of utility patents granted annually by term: 20 years from filing vs. 10 years from grant *
The term of protection of patents granted by the BRPTO has changed over the years. When the Industrial Property Law (LPI) initially came into force, almost all patents were granted with the term of protection of 20 years from the date of their filing. After 2005, this percentage fell due to increasing delays at the BRPTO. As of May 2021, the 10 years from grant term of protection is no longer statutory.
Less than 5% of the patents granted since law 9,279 came into force in 1997 cover human and veterinarian pharmaceuticals
Less than 5% of all patents granted by the BRPTO since 1997 cover human and veterinarian pharmaceuticals (excluding pipeline patents). Decisions regarding changes to the Industrial Property Law must consider the other 96% of patents that will be affected.
Less than 3% of the patents granted since law 9,279 came into force in 1997 cover human and veterinarian biopharmaceuticals*
Less than 3% of all patents granted by the BRPTO since 1997 cover human and veterinarian biopharmaceuticals (excluding pipeline patents). Decisions regarding changes to the Industrial Property Law must consider that most patents that will be affected are not pharma related.
Falling Patent Cooperation Treaty (PCT) Brazilian national phases: An indication of decreasing foreign investment
Filing an international patent application under the PCT simplifies the process of protecting an invention in several countries by providing a mechanism to simultaneously enter the national phase for each country where protection is sought. The number of new filings for international patent applications continues to grow steadily – by more than 26% in the last six years alone. Over the same period, however, the number of applications in Brazil's national phase fell by more than 20%.
The BRPTO “Plan to Combat the Patent Backlog”
The BRPTO launched its plan to combat backlog on August 1, 2019, aiming to achieve an 80% reduction in the number of utility patent applications requiring examination and pending decision within two years. At the time of implementation, there were 149,912 patent applications awaiting assessment.
Backlog: Pending utility patent applications for which an examination request has been made
Backlog: Pending utility patent applications for which an examination request has been made, in pharma e biopharma art units
Backlog: Pending utility patent applications for which an examination request has been made, in telecommunications, electrics, and electronics art units
BRPTO Utility Patent and Utility Model Inventors´ Gender