Entering the PCT national phase in Brazil

Brazil is a PCT contracting state, so an international application can enter the national phase at INPI, the Brazilian Patent and Trademark Office. The process is straightforward when the deadlines are planned early. This guide covers what the applicant and the foreign attorney need to prepare.

Deadline: 30 months from priority

The national phase must be entered within 30 months from the priority date (PCT Article 22). If the deadline is missed, Brazil allows reinstatement of rights when the delay was unintentional or occurred despite due care, but the request has strict time limits. In practice, treat the 30-month date as final.

Portuguese translation

The application must be translated into Portuguese: description, claims, abstract and any text in the drawings. At least the claims must be filed by the deadline, and INPI sets a term for the remaining parts. Translation quality matters: claim wording in Portuguese is what will be examined and enforced in Brazil.

Local agent and power of attorney

Applicants who are not resident in Brazil must appoint a representative domiciled in the country (Industrial Property Law, Law 9.279/1996, art. 217). The power of attorney can be filed within 60 days after the national phase deadline, so entry does not need to wait for a signed document.

Other documents

• Assignment: needed when the applicant changed and the change is not reflected in the International Bureau records.
• Proof of entitlement to priority: needed when the priority applicant differs from the international applicant, unless a declaration under PCT Rule 4.17 was made.
• Official fee: the national phase filing fee is due within the entry deadline.

After entry: request for examination

INPI only examines applications on request. The request for examination must be filed within 36 months from the international filing date. Missing it leads to the application being shelved. Many applicants file it at entry to save time.

Checklist for the national phase

1. PCT number, priority date and international filing date.
2. Applicant details as recorded at the International Bureau.
3. Text to be used: as filed, or as amended under Article 19 or 34.
4. Number of claims and pages, for the translation and fee calculation.
5. Decision on filing the request for examination and any PPH request.

Rules summarized from the Brazilian chapter of the WIPO PCT Applicant's Guide and the Brazilian Industrial Property Law. Requirements may change; we confirm the current rules for each case.