How to Extend Your Patent to Brazil Through the PCT: A Practical Guide for International Companies

As a member of the Patent Cooperation Treaty (PCT), Brazil offers a structured and internationally aligned process for applicants who wish to enter the national phase and secure patent rights in the country.

If you want to file a patent in Brazil, this guide explains how the PCT national phase works in Brazil, including deadlines, required documents, translation rules, and mechanisms that can accelerate examination.

Understanding Brazil’s Patent System for PCT Applicants

Patent protection in Brazil is governed by the Industrial Property Law (Law 9.279/1996) and administered by the Brazilian Patent and Trademark Office (INPI). As a PCT contracting state, Brazil allows applicants to:

• Enter the national phase using a single PCT application

• Rely on international search reports (ISR) and written opinions

• Submit international preliminary examination reports (IPER)

• Take advantage of harmonized procedures across jurisdictions

The process is simple and similar to the other countries that follow the PCT rules, however some procedures must to be followed.

Documents and Requirements for National Phase Entry

The deadline to enter the PCT national phase in Brazil is: 30 months from the earliest priority date

Late entry may be possible within up to 31 months, but only in limited circumstances and with additional fees. Applicants should plan well in advance to avoid risks and ensure proper translation and document preparation. To enter the Brazilian national phase, applicants must submit:

• The PCT application data (automatically retrieved from WIPO)

• Complete specification: description, claims, abstract, and drawings translated into Portuguese

• Applicant and inventor details

• Power of Attorney (POA) – simple, no notarization or legalization required

• Proof of payment of INPI official fees

Foreign applicants must be represented by a Brazilian patent attorney before INPI.

Using International Search and Examination to Streamline the Process

One of the main advantages for PCT applicants is the ability to use work products from other patent offices. INPI often considers:

• International Search Reports (ISR)

• Written Opinions of the ISA

• International Preliminary Examination Reports (IPER)

• Prior searches and examinations performed by foreign offices (USPTO, EPO, JPO, KIPO, etc.)

These documents help INPI conduct a more efficient examination and may reduce the need for redundant prior art searches.

Fast-Track Options: How to Accelerate Patent Examination in Brazil

Brazil offers several acceleration mechanisms, especially relevant for applicants who already have granted or allowed claims abroad.

1. Patent Prosecution Highway (PPH)

Brazil maintains PPH agreements with major patent offices. For example, applicants whose claims have been allowed by European Patent Office (EPO), United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO) or China National Intellectual Property Administration (CNIPA) may request expedited examination in Brazil.

Even outside the PPH framework, INPI may rely on foreign examination results to simplify its analysis.

2. Technology-Specific Fast-Track Programs

Including options for:

• Green technologies

• Startups

• Pharmaceutical products and methods

• Technologies of national interest

These programs can significantly reduce examination times, sometimes from years to just months.

Common Pitfalls When Filing a PCT Application in Brazil

Foreign applicants should be aware of the following risks:

• Missing the 30-month deadline

• Submitting low-quality or incomplete Portuguese translations

• Assuming that foreign granted claims will automatically be accepted

• Not leveraging available fast-track mechanisms

• Filing without a local attorney, which is mandatory

Proper planning and local representation help avoid delays and costly corrections.

Brazil’s position as a PCT member country gives international applicants a clear, structured, and cost-effective pathway to extend patent protection. By understanding national phase requirements, leveraging foreign search and examination results, and using acceleration mechanisms when available, companies can secure strong IP protection in one of the most important markets in Latin America.

If your company needs assistance entering the PCT national phase in Brazil or accelerating patent examination, our team is ready to support you with technical precision and strategic guidance.