Special Publications

ADI 5529 Justice Toffoli's Injunction

Patents in Brazil:  A Numerical Overview of the BRPTO

20 years filing v. 10 years grant: 10 Major Countries

20 years filing v. 10 years grant: 15 Main Holders

ADI 5529:  Patents of Foreign Holders Under Threat

Patent Applications by Foreigners Qualified for 10 years from Grant

Foreign Patent Applications Filed More Than 20 Years Ago

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"Impacts of the judment of the patent statute by the Supreme Court (STF)"
Watch the video that provides a brief introduction to the Brazilian patent system, the Industrial Property Law (LPI), and the Supreme Court trial on April 7, which could lead to the annulment of more than 30,000 patents in all areas of industrial and scientific research.

"Impacts of the judment of the patent statute by the Supreme Court (STF)"
Watch the video that provides a brief introduction to the Brazilian patent system, the Industrial Property Law (LPI), and the Supreme Court trial on April 7, which could lead to the annulment of more than 30,000 patents in all areas of industrial and scientific research.

Click on the button bellow to download the latest version of Licks Attorneys´ special publication
"The ultimate attack on the Brazilian patent system" on
the bids before the Brazilian Supreme Court against the country´ patent law.

"Impacts of the judment of the patent statute by the Supreme Court (STF)"
Watch the video that provides a brief introduction to the Brazilian patent system, the Industrial Property Law (LPI), and the Supreme Court trial on April 7, which could lead to the annulment of more than 30,000 patents in all areas of industrial and scientific research.

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.

From 1809 to 1971 utility patent term counted from the grant.

From 1971 to 1997 utility patent term counted from filing.

From 1997 to 2021 utility patent term counted from both filing or grant.

Decisions issued on utility patent applications since the implementation of the Plan to Combat the Patent Backlog in August, 2019

Patent applications pendency time from filing to decision

Patent applications pendency time from the examination request to decision

Utility Model and Utility Patent Applications filed at the BRPTO since the enactment of 1996 Patent Statute

(in force)

Top 10 national owners of Brazilian Utility Patents and Utility Models granted since 2019

(per Art Unit)

Top 10 national owners of Brazilian Utility Patents and Utility Models granted since 2019

(per IPC area)

BRPTO / PCT Receiving Office – Origin Brazil

(per year)

BRPTO Utility and Utility Model patents Inventors Gender

(per Filing Year)

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

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 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 6% of the patents granted since law 9,279 came into force in 1997 cover human and veterinarian pharmaceuticals

Less than 6% 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 4% of the patents granted since law 9,279 came into force in 1997 cover human and veterinarian biopharmaceuticals*

Less than 4% 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

Per filing year

Injunction granted by Justice Toffoli has immediate effect impacting almost 3k pharma-related applications. Almost 13K pending patent applications shall be directly affected in Brazil soon.

Regularly pending utility patent applications with a pendency time of over 10 years per technical area

Shows regularly pending Brazilian patent applications that would qualify for the patent term of 10 years from grant, per technical area.

Regularly pending utility patent applications with a pendency time of over 10 years per applicants’ country

Shows regularly pending Brazilian patent applications that would qualify for the patent term of 10 years from grant, per applicant’s country.

Regularly pending utility patent applications with a pendency time of over 10 years per applicants’ country in the pharmaceutical area

Shows pharma-related regularly pending Brazilian patent applications that would qualify for the patent term of 10 years from grant, per applicant’s country.

Regularly pending utility patent applications with a pendency time of over 10 years owned by CHINESE applicants, per main IPC section

Over 300 duly filed, regularly pending, Brazilian patent applications owned by Chinese nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Electricity (Over 275), Chemistry and Metallurgy (over 40), and Human Necessities (over 35).

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by EUROPEAN PATENT OFFICE, per main IPC section

Over 4000 Brazilian patent applications owned by nationals of a European Patent Office member already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, Performing Operations, and Transporting.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by EUROPEAN UNION, per main IPC section

Over 3000 Brazilian patent applications owned by nationals of a European Union member already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, Performing Operations, and Transporting.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by FINNISH, per main IPC section

Over 100 duly filed, regularly pending, Brazilian patent applications owned by Finnish nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Electricity, Chemistry and Metallurgy. Human Necessities.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by FRENCH, per main IPC section

Over 500 duly filed, regularly pending, Brazilian patent applications owned by French nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Electricity.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by GERMAN, per main IPC section

Over 900 duly filed, regularly pending, Brazilian patent applications owned by German nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Performing Operations and Transporting.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by ISRAELI, per main IPC section

Over 80 duly filed, regularly pending, Brazilian patent applications owned by Israeli nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Human Necessities, Chemistry and Metallurgy, and Performing Operations and Transporting.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by JAPANESE, per main IPC section

Over 600 Brazilian patent applications owned by Japanese nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Electricity.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by SWEDISH, per main IPC section

Over 200 duly filed, regularly pending, Brazilian patent applications owned by Swedish nationals already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Human Necessities, Electricity and Chemistry and Metallurgy.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by UNITED KINGDOM, per main IPC section

Over 300 duly filed, regularly pending, Brazilian patent applications owned by nationals of the United Kingdom already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, and Performing Operations and Transporting.

Duly filed over 10 years ago, regularly pending Brazilian patent applications owned by US, per main IPC section

Over 4,000 Brazilian patent applications owned by US nationals already qualify for a patent term of ten years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Electricity.

Duly filed, regularly pending Brazilian patent applications owned by nationals of a member of the EUROPEAN PATENT OFFICE that have been filed for more than 20 years, per main IPC section

Over 500 Brazilian patent applications owned by nationals of a European Union member already qualify for a patent term of 10 years from grant. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, Performing Operations, and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by nationals of a member of the European Union that have been filed for more than 20 years, per main IPC section

Over 400 Brazilian patent applications owned by nationals of a member of the European Union have been filed for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Performing Operations and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by FINNISH nationals that have been filed for more than 20 years, per main IPC section

Over 5 duly filed, regularly pending, Brazilian patent applications owned by Finnish nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Human Necessities, Chemistry and Metallurgy, and Performing Operations and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by FRENCH nationals that have been filed for more than 20 years, per main IPC section

Over 50 duly filed, regularly pending, Brazilian patent applications owned by French nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Performing Operations and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by GERMAN nationals that have been filed for more than 20 years, per main IPC section

Over 100 duly filed, regularly pending, Brazilian patent applications owned by German nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Performing Operations and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by ISRAELI nationals that have been filed for more than 20 years, per main IPC section

Over 10 duly filed, regularly pending, Brazilian patent applications owned by Israeli nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Human Necessities, Chemistry and Metallurgy, and Physics

Duly filed, regularly pending Brazilian patent applications owned by JAPANESE nationals that have been filed for more than 20 years, per main IPC section

Over 50 Brazilian patent applications owned by Japanese nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Performing Operations and Transporting, and Human Necessities.

Duly filed, regularly pending Brazilian patent applications owned by SWEDISH nationals that have been filed for more than 20 years, per main IPC section

Over 30 duly filed, regularly pending, Brazilian patent applications owned by Swedish nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Human Necessities, Chemistry and Metallurgy, and Performing Operations and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by nationals of the UNITED KINGDOM that have been filed for more than 20 years, per main IPC section

Over 50 duly filed, regularly pending, Brazilian patent applications owned by nationals of the United Kingdom have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Performing Operations and Transporting.

Duly filed, regularly pending Brazilian patent applications owned by US nationals that have been filed for more than 20 years, per main IPC section

Over 800 Brazilian patent applications owned by US nationals have been filed with the BRPTO for more than 20 years. Of these applications, the largest number fall in the IPC sectors of Chemistry and Metallurgy, Human Necessities, and Performing Operations and Transporting.

AGRO - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

Of the more than 5,000 Agribusiness patents in force in Brazil, most were granted by the BRPTO with a 20-year term from filing. Among the countries with the most patents in the area, Brazil, Netherlands, the USA, and Japan have the majority of their inventions granted with this period.

BIOTECH - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

Of the more than 1000 Biotech patents in force in Brazil, most were granted by the BRPTO with the term of the Sole Paragraph of Art. 40 of the LPI: 10 years from the concession. Among the countries with the most patents in this area, Switzerland, the United Kingdom, Belgium, and Denmark have most of their inventions granted within this period.

BIOPHARMA - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

The list of top 10 countries with valid utility patents in biopharma includes 350 patents granted on a term of 20 years from filing compared to over 800 patents with terms of 10 years from grant. The list is headed by the USA (with 90 20-year term patents and over 230 10-year term patents), Brazil (with over 65 20-year term patents and 75 10-year term patents), and Switzerland (with over 15 20-year term patents and over 15 10-year term patents).

ELECTRICS - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

The list of top 10 countries with valid utility patents in electrics includes over 1,800 patents granted on a term of 20 years from filing compared to over 1,400 patents with terms of 10 years from grant. The list is headed by Germany (with over 325 20-year term patents and over 220 10-year term patents), the USA (with over 285 20-year term patents and over 300 10-year term patents), and Japan (with over 265 20-year term patents and over 140 10-year term patents).

ELECTRONICS - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

The list of top 10 countries with valid utility patents in electrics includes over 965 patents granted on a term of 20 years from filing compared to 1,450 patents with terms of 10 years from grant. The list is headed by the USA (with over 340 20-year term patents and over 590 10-year term patents), Japan (with over 90 20-year term patents and over 120 10-year term patents), and Germany (with over 100 20-year term patents and over 80 10-year term patents).

PHARMA - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

Of the more than 1000 Pharmaceutical patents in force in Brazil, most were granted by the BRPTO with the term of the Sole Paragraph of Art. 40 of the LPI: 10 years from grant. Among the countries with the most patents in the area, Switzerland, Germany, the United Kingdom, and Italy have the vast majority of their inventions granted with this period.

TELECOM - Top 10 countries with valid patents in Brazil: a breakdown of 20 years from filing vs. 10 years from grant

Of the more than 3,000 Telecommunications patents in force in Brazil, the vast majority were granted by the BRPTO with the term of the Sole Paragraph of Art. 40 of the LPI: 10 years from grant. Among the countries with the most patents in this area, France, Italy, Finland, and the USA all have the majority of their inventions granted within this period.

AGRO patentees - Valid utility patents: 20 years from filing vs. 10 years from grant

Of the more than 5,000 Agribusiness patents in force in Brazil, about 30% were granted by the BRPTO with a 10-year term from the grant date, according to the Sole Paragraph of Article 40 of the LPI. Among the 15 companies with the most patents in this area, Janssen, Astrazeneca, and Monsanto have the majority of their inventions granted with this term.

BIOTECH patentees - Valid utility patents: 20 years from filing vs. 10 years from grant

Of the top 15 Biotech patent holders in Brazil, 14 have the majority of their inventions valid for 10 years from grant, according to the Sole Paragraph of Art. 40 of the LPI. The list includes not only multinationals but also USP and Fiocruz.

BIOPHARMA patentees - Valid utility patents: 20 years from filing vs. 10 years from grant

The list of top 15 patentees with valid utility patents in biopharma includes 350 patents granted on a term of 20 years from filing compared to over 800 patents with terms of 10 years from grant. The largest patentees include F. Hoffmann-La Roche (with 10 20-year term patents and over 40 10-year term patents), SANOFI (over 5 20-year term patents and over 20 10-year term patents), and UFMGn (over 10 20-year term patents and over 10 10-year term patents).

ELECTRICS patentees - Valid utility patents: 20 years from filing vs. 10 years from grant

The list of top 15 patentees with valid utility patents in electrics includes over 1,800 patents granted on a term of 20 years from filing compared to over 1,400 patents with terms of 10 years from grant. The largest patentees include Siemens (over 130 20-year term patents and 80 10-year term patents), Schneider Electric (over 75 20-year term patents and over 35 10-year term patents), and Toyota Motors (over 60 20-year term patents and over 40 10-year term patents).

ELECTRONICS patentees - Valid utility patents: 20 years from filing vs. 10 years from grant

The list of top 15 patentees with valid utility patents in electronics includes over 965 patents granted on a term of 20 years from filing compared to 1,450 patents with terms of 10 years from grant. The largest patentees include Microsoft (over 35 20-year term patents and over 95 10-year term patents), Philips (30 20-year term patents and over 60 10-year term patents), and Alcon (20 20-year term patents and over 60 10-year term patents).

PHARMA patentees - Valid utility patents: 20 years from filing vs. 10 years from grant

The list of the 15 largest Pharmaceutical patent holders in Brazil includes multinationals and Unicamp, USP, and UFMG. They all have the majority of their patents granted for the term of the Sole Paragraph of Art. 40 of the LPI: 10 years from grant.

TELECOM patentees- Valid utility patents: 20 years from filing vs. 10 years from grant

Of the top 15 Telecommunications patent holders in Brazil, 11 have the majority of their patents valid for 10 years from grant, as per the Sole Paragraph of Art. 40 of the LPI. This list includes companies like Telecom Italia, Google, Qualcomm, and Nokia.

Prazo de Vigência das Patentes no Brasil

O perfil de concessão de patentes pelo INPI mudou ao longo dos anos. Logo no início da entrada em vigor da Lei da Propriedade Industrial (LPI - 9279/96), quase 100% das patentes eram concedidas com vigência de 20 anos do depósito.

Com o passar dos anos, o perfil de concessão foi sendo alterado devido aos crescentes atrasos do INPI. Em fevereiro de 2013, o número de patentes concedidas com base no parágrafo único do artigo 40 da LPI tornou-se maior do que o de concessões com base no caput do artigo 40.

Apenas em julho de 2018 o INPI voltou a conceder mais patentes com vigência de 20 anos contados da data de depósito do que com vigência de 10 anos contados da data de concessão.

Patentes Vigentes Hoje, por Prazo de Concessão

Projeto de Combate ao Backlog – Exigência preliminar

O INPI iniciou seu Programa de Combate ao Backlog em agosto de 2019, visando reduzir em 80% o número de pedidos de patente de invenção com exame requerido e pendentes de decisão, em um prazo de 2 anos.

De acordo com o último infográfico publicado pelo INPI, o backlog passou de 149.912 pedidos para 85.017 pedidos  (20/10/2020).

Cerca de 20 mil pedidos (12% do backlog de 2019) ainda aguardam para entrarem no programa de exigência preliminar.

Resoluções 240/2019 e 241/2019

149.912 casos considerados como backlog
pelo INPI em 1º de agosto de 2019

Status dos 97.819 casos para os quais
a exigência preliminar foi emitida

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