How long a patent takes in Brazil: examination, PPH and annuities

Brazil has a reputation for slow patent examination. That has been changing, and the tools to accelerate a case have improved. Here is what to expect after filing.

Examination time

According to INPI's own figures, the average time to a technical decision on a patent application in 2025 was about 4.3 years from filing. For 2026, the office set a target of about 3.5 years. Times vary by technical field, and pharmaceutical and biotech applications have historically taken longer.

Why speed matters more since 2021

An invention patent lasts 20 years from the filing date, and a utility model 15 years. Until 2021, Brazilian law also guaranteed at least 10 years of protection after grant, which compensated for slow examination. In 2021 the Federal Supreme Court struck down that rule (ADI 5529). Today, every year spent in examination is a year less of exclusive protection after grant.

Accelerating with the Patent Prosecution Highway

Brazil has bilateral PPH agreements with several patent offices and joined the Global PPH in July 2024. When a partner office has already found claims allowable, the applicant can ask INPI for accelerated examination based on that work, aligning the Brazilian claims with the allowed ones. INPI also offers other priority examination tracks, for example for green technologies and certain health-related inventions.

Annuities

Annual fees are due from the third year counted from the filing date (for PCT cases, the international filing date). The first annuity is payable within three months after the 24th month, or within three months after national phase entry if that is later. Late payment is possible within a grace period, at double the fee. Unpaid annuities lead to the loss of the application or patent.

Typical sequence

1. Filing or national phase entry, with the Portuguese translation.
2. Formal review and publication of the application.
3. Request for examination, within 36 months of filing.
4. Technical examination, with office actions that usually allow 90 days to respond.
5. Decision: grant or rejection, which can be appealed within 60 days.
6. Grant, certificate and annuities until the end of the term.

Figures from INPI's 2025 results and 2026 targets. Rules summarized from the Brazilian Industrial Property Law and the WIPO PCT Applicant's Guide. We confirm current terms and fees for each case.