BRPTO new official fees
BRPTO Updates Official Fee Schedule for 2025
BRAZIL – The Brazilian Patent and Trademark Office (BRPTO) published Ordinance No. 10/2025 on May 12, updating its fee schedule for IP services. This adjustment reflects a 24.1% increase and will come into effect on August 7, 2025, 90 days after its publication.
Despite the long period without monetary updates (since 2012), the adjustments were defined responsibly. The BRPTO aims to ensure its financial sustainability, covering operational costs and supporting technological modernization to meet growing demand, while remaining well below the accumulated inflation of the period.
Key Changes in Fee Structure
The most significant alteration is the elimination of the grant fee, which has now been incorporated into the initial application filing fee.
Standard Trademark Application (Pre-approved specification – Code 389): The consolidated filing fee for a regular entity is **R$ 880.00** (approx. US$ 176.00).
Custom Trademark Application (Free specification – Code 394): The fee for a regular entity is now **R$ 1,720.00** (approx. US$ 344.00).
The system maintains a 50% discount for “small entities” and “individuals,” ensuring continuous accessibility to the intellectual property system. You can access the full table of the new Brazilian PTO fees (USD) here.
Strategic Guidance Beyond the Fees
While staying updated on official costs is essential for budget planning, navigating the procedural nuances of the Brazilian system requires a deeper approach. To help you manage your clients’ expectations and optimize your filings in this new economic scenario, we recommend reading our comprehensive article: Navigating the Brazilian IP Landscape: A Strategic Guide for International Agents.
Partner with a Specialized IP Law Firm Brazil
Are you looking for a reliable partner to manage your PCT national phase or Madrid Protocol designations under these new regulations? Our IP Law Firm Brazil provides the technical precision and local expertise needed to protect your clients’ innovations effectively. Contact our office in Rio de Janeiro for a detailed consultation:
Email: inpi@avilanascimento.adv.br
Phone: +55 21 3802-3838
WhatsApp: +55 21 97272-8787
BRTPO - SOF 2025
| TRADEMARK | TRADEMARK | PATENT | PATENT | ||
|---|---|---|---|---|---|
| SERVICE DESCRIPTION | OFFICIAL FEES | ATT FEES | SERVICE DESCRIPTION | OFFICIAL FEES | ATT FEES |
| New Application Pre-approved / Free-text | 150 / 290 | 380 | New Application / National Phase Entry | 50 | 480 * |
| Opposition (Standard / Simplified) | 90 / 60 | 380 / 280 | Examination Request (Up to 10 claims) | 160 | 380 |
| Reply to Opposition | 40 | 380 | Each additional claim 11-15 / 16-30 / 31 | 25 / 50 / 125 | 40 / 100 / 190 |
| Appeal / Counter-reasons to Appeal | 128 / 40 | 280 / 380 | Response to Techinal Office Action | 60 | 680 |
| Administrative Nullity (Invalidation) / Reply | 155 / 40 | 280 / 380 | Appeal / Counter-reasons to Appeal | 280 / 25 | 880 / 880 |
| Non-use Cancellation / Reply | 108 / 40 | 280 / 380 | Administrative Nullity (Invalidation) / Reply | 270 / 0 | 680 / 680 |
| Renewal Regular term / Grace period | 180 / 360 | 280 / 380 | Annuities 2-5 / 6-9 / 10-14 / 15-19 | 180 / 290 / 400 / 510 | 380 / 480 / 580 / 680 |
| Assignment First / Additional | 30/ 20 | 280 / 140 | Assignment / Recordal of Change (name/address) | 10 / 5 | 280 / 180 |
| Recordal of Change (First / Additional) | 20 / 10 | 180 / 90 | Restoration due to unpaid annuities | 80 | 180 |
| All values in USD. Individuals and small business has up to 60% discount on Official fee (INPI). Official fees may vary depending on exchange rate fluctuation. | |||||
30 years of IPRs Prosecution in Brazil
Registered IP Agent under nr. 0636/INPI-BR
Registered Attorney under nr. 128829/OAB-RJ
Our Leadership
Led by our founding partner, Marcello Ávila Nascimento, whose career spans over 30 years of specialized practice before the BRPTO (INPI) and more than two decades in the legal field, the firm provides high-level, hands-on representation for global intellectual property assets. We take pride in personally orchestrating the full spectrum of IP prosecution, ensuring that every case benefits from senior-level expertise and strategic counseling.
Strategic IP Prosecution & Litigation
Our firm specializes in the comprehensive management of IP portfolios, including trademarks, patents, and industrial designs. We are recognized for our robust defense in complex contentious matters, architecting tailored strategies for:
• Oppositions, Nullity, and Cancellation of Non-Use proceedings;
• Administrative appeals and technical replies;
• Responses to complex technical and written opinions from the BRPTO.
Trusted by Global Leaders
We have successfully represented a diverse portfolio of international corporations, institutional entities, and sovereign governments, including:
• Life Sciences & Pharma: Lupin, Huper Laboratories, Sun Pharma Advanced, Laboratorio Edol, GlaxoSmithKline (GSK), Novartis AG, Bayer MaterialScience AG.
• Automotive & Engineering: BYD Company, Geely Group, Foton Motors, Lifan Industries, Kohl Automobile, Bajaj Auto, Krauss-Maffei, Stelia Aerospace.
• Fashion & Luxury: Jean Paul Gaultier, Loris Azzaro, Stussy, L’Occitane, Parfums Caron.
• Government & Institutional: Government of India, Thai Government, Bank of China, Vietnam Bank, Deutsche Post.
• Consumer Goods, Food & Services: Nissin Foods, Borges Branded Foods, Hola!, Gems TV, Misumi Group, China Tobacco, China Petrochemical, Grupo Espirito Santo, Claridge’s Hotel.
• High-Profile Individuals: Rafael Nadal.
With the new BRPTO official fees in effect, navigating the Brazilian IP landscape requires precision and foresight.
Discuss your Brazilian IP strategy with our founding partner.
BRAZIL ELIMINATES GRANT FEES FOR TRADEMARKS AND PATENTS
IP Insights for Foreign Associates
In a significant move to reduce costs and streamline intellectual property protection in Brazil, the Brazilian National Institute of Industrial Property (INPI) issued a new official fee schedule that eliminates the grant fees previously required for both trademarks and patents.
The change came into effect in 2025 and directly benefits applicants and rights holders who maintain Brazilian portfolios — removing a recurring financial barrier that had long been a point of friction in prosecution.
WHAT CHANGED
Under the previous fee structure, the issuance of a trademark registration certificate and the grant of a patent required separate official payments after the substantive examination phase had concluded. These grant fees were mandatory and, if not paid within the applicable deadline, would result in the shelving or lapsing of the application — even where examination had already been completed in the applicant’s favor.
The new INPI fee schedule eliminates these fees entirely. There is no longer a grant fee for trademark registrations or for patent grants in Brazil.
PRACTICAL IMPLICATIONS FOR FOREIGN ASSOCIATES
For foreign IP firms managing Brazilian portfolios on behalf of their clients, this change has several immediate practical effects:
— Cost reduction: The elimination of grant fees lowers the total cost of obtaining and maintaining IP rights in Brazil. This is particularly relevant for clients with large or growing portfolios.
— Simplified prosecution: With fewer payment milestones to track, the risk of inadvertent lapsing due to missed fee deadlines at the grant stage is eliminated.
— Portfolio review opportunity: Clients who had previously allowed applications to lapse due to grant fee costs may wish to assess whether refiling or alternative strategies are now viable.
— Budget updates: Official fee estimates provided to clients for new Brazilian filings should be revised to reflect the updated schedule.
A NOTE ON TIMING
The elimination of grant fees does not affect other official fees applicable during the prosecution of trademark and patent applications in Brazil, including filing fees, examination request fees (for patents), and annual maintenance fees (for patents). These remain in force and must continue to be monitored and paid within applicable deadlines.
HOW WE CAN HELP
Ávila Nascimento Advocacia assists foreign IP firms and their clients in all aspects of trademark and patent prosecution before INPI, including cost planning, deadline monitoring, and portfolio management.
We are available to review the impact of the new fee schedule on your clients’ existing or planned Brazilian filings and to provide updated cost estimates accordingly.
Contact our office in Rio de Janeiro for a detailed consultation:
- Email: inpi@avilanascimento.adv.br
- Phone: +55 21 3802-3838
- WhatsApp: +55 21 97272-8787
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© Ávila Nascimento Advocacia. This article is intended for informational purposes only and does not constitute legal advice. For guidance on specific matters, please contact our office directly.
INPI ORDINANCE 01/2026: NEW RULES ON WITHDRAWAL, WAIVER, AND ABANDONMENT OF PATENT APPLICATIONS IN BRAZIL
IP Insights for Foreign Associates
Brazil’s National Institute of Industrial Property (INPI) issued Ordinance No. 01/2026 in March 2026, establishing a consolidated and clarified regulatory framework for the withdrawal of patent applications, the abandonment of pending procedural requests, and the surrender of granted patents.
The new ordinance replaces previously scattered procedural rules and introduces clearer timelines, formal effects, and key limitations that directly affect prosecution strategy for foreign applicants and their Brazilian correspondents.
WITHDRAWAL OF PATENT APPLICATIONS
One of the most consequential provisions of Ordinance 01/2026 concerns the conditions under which a patent application may be withdrawn before publication.
Under the new rules, a request for withdrawal must be filed within 16 months from the filing date of the application — or, where priority is claimed, within 16 months from the earliest priority date. If the request is filed within this window and before the application has been published, INPI will process the withdrawal without publication. The practical effect is significant: the application will not enter the prior art, preserving the applicant’s freedom to refile or pursue alternative strategies without the earlier submission acting as a bar.
Applications that have already been published cannot be withdrawn in the same manner. Once published, the content of the application becomes part of the public record regardless of any subsequent procedural decisions.
IRREVOCABILITY OF EXAMINATION REQUESTS
A critical limitation introduced — or formally consolidated — by Ordinance 01/2026 concerns examination requests in Brazil’s deferred examination system.
Under Brazilian patent law, examination of a patent application is not automatic. The applicant must file a formal request for examination within the statutory period. Ordinance 01/2026 makes clear that once an examination request has been filed, it cannot be withdrawn. This is irrevocable.
For foreign associates advising clients on prosecution strategy, this has a direct implication: the decision to request examination in Brazil should be made deliberately. Requesting examination initiates a process that cannot be reversed, and the associated costs and procedural obligations follow from that point forward regardless of subsequent business decisions.
SURRENDER OF GRANTED PATENTS
Ordinance 01/2026 also formalizes the procedure and legal effects of surrendering a granted patent.
Under the new framework, a surrender request may be filed by the patent holder at any time. The surrender takes legal effect from the date the request is filed with INPI — not from the date of any subsequent administrative decision or publication. Upon surrender, the patent enters the public domain immediately.
Importantly, the surrender of a granted patent does not retroactively affect licenses or encumbrances that were formally registered at INPI prior to the date of the surrender request. Third-party rights arising from registered agreements therefore remain in place and are not extinguished by the surrender.
For patent holders managing the cost or commercial relevance of their Brazilian portfolio, surrender can be a useful tool — particularly where maintaining a patent is no longer strategically or commercially justified and the holder wishes to release it from the portfolio without waiting for the natural expiry of the term.
PCT APPLICATIONS AND NATIONAL PHASE PROCEEDINGS
Ordinance 01/2026 also addresses abandonment in the context of PCT applications entering the Brazilian national phase. Abandonment of such applications will only be processed by INPI after the application has been formally admitted into the Brazilian national phase. Requests filed before admission will not be acted upon.
This means that where a decision to abandon a PCT application in Brazil is made, the timing of the request must account for the status of the national phase entry. Foreign associates should factor this into communication with clients where cost containment decisions are being made ahead of or during the national phase entry period.
SUMMARY OF KEY POINTS
— Withdrawal without publication is available within 16 months from filing or priority date, provided the application has not yet been published.
— Examination requests are irrevocable once filed; this decision should be made deliberately.
— Surrender of a granted patent takes effect from the date of the request and results in immediate entry into the public domain.
— Registered licenses and encumbrances existing before the surrender request are not affected.
— Abandonment of PCT applications is only processed after formal national phase admission in Brazil.
HOW WE CAN HELP
Ávila Nascimento Advocacia monitors regulatory developments at INPI on an ongoing basis and advises foreign IP firms on their implications for Brazilian prosecution and portfolio management.
If you have pending or granted Brazilian patents and would like to assess how Ordinance 01/2026 affects your clients’ portfolios — including withdrawal timing, examination strategy, or surrender options — our team is available to assist.
Contact our office in Rio de Janeiro for a detailed consultation:
- Email: inpi@avilanascimento.adv.br
- Phone: +55 21 3802-3838
- WhatsApp: +55 21 97272-8787
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© Ávila Nascimento Advocacia. This article is intended for informational purposes only and does not constitute legal advice. For guidance on specific matters, please contact our office directly.
BRAZIL'S PATENT TERM ADJUSTMENT LANDSCAPE IN 2026 What foreign associates need to know
IP Insights for Foreign Associates
Brazil currently has no Patent Term Adjustment mechanism.
Following the Supreme Court’s ruling in ADI 5529 (May 2021), the sole paragraph of Article 40 of Brazil’s Industrial Property Law (Law No. 9.279/1996 — LPI) was declared unconstitutional and subsequently repealed by Law No. 14.195/2021. As a result, patent terms in Brazil are now strictly governed by the caput of Article 40: 20 years from the filing date for invention patents and 15 years for utility models — with no minimum term from the date of grant and no compensation for delays caused by INPI’s examination process.
For foreign associates managing Brazilian patent portfolios, this structural change has direct implications for how effective protection should be assessed and communicated to rights holders.
THE RULING AND ITS SCOPE
The unconstitutional provision had guaranteed that invention patents would remain in force for no less than 10 years from the date of grant — and utility models for no less than 7 years — regardless of how long INPI had taken to complete examination. In practice, this mechanism offset the impact of INPI’s historically long pendency periods, which have routinely exceeded 10 years in certain technology sectors.
The STF declared the provision unconstitutional by a majority of 9 votes to 2, with the ruling applying retroactive effect specifically to pharmaceutical patents and patents relating to medical devices — which were immediately reduced to the statutory 20-year term from filing. Non-pharmaceutical patents already granted with the extended term were not retroactively affected.
The repeal by Law No. 14.195/2021, enacted in August 2021, occurred before the ruling’s official publication — making this a rare instance of a provision abolished by the legislature after already being declared unconstitutional by the judiciary.
WHAT THIS MEANS FOR EFFECTIVE PROTECTION
With INPI’s average examination pendency historically ranging between 8 and 14 years depending on the technology area, the absence of any term adjustment mechanism means that a patent granted after a decade of pendency will have, at most, 10 years of remaining enforceable term — and potentially less.
It is worth noting that Article 44 of the LPI preserves the patentee’s right to compensation for acts of infringement occurring from the date of publication of the application. This economic right is unaffected by the elimination of PTA.
However, it does not extend the patent term itself, and the period of exclusive exploitation after grant may be significantly compressed relative to what rights holders have come to expect in jurisdictions with adjustment mechanisms in place.
Foreign associates should factor this into portfolio strategy discussions with clients who hold or are pursuing Brazilian patents in technology sectors with long INPI pendency histories — particularly pharmaceuticals, biotechnology, and telecommunications.
THE LEGISLATIVE OUTLOOK: BILL 5.810/2025
In November 2025, Bill 5.810/2025 was introduced in the Chamber of Deputies, proposing the reinstatement of a patent term compensation mechanism through an administrative route. Unlike the unconstitutional provision — which applied automatically — the bill proposes a compensation of up to 5 years, available upon request and limited to delays attributable solely to INPI. The proposal draws structural inspiration from the Patent Term Adjustment system in force in the United States.
As of March 2026, the bill is pending rapporteur designation at the Committee on Industry, Commerce and Services (CICS). An urgency motion has been filed, which, if approved, would bypass committee review and bring the bill directly to a floor vote.
Three significant obstacles remain. First, the bill amends Article 40 of the LPI — the exact provision struck down in ADI 5529 — making a new constitutional challenge before the STF a realistic prospect. Second, the federal executive branch has publicly signalled opposition, with Vice President Alckmin stating a preference for reducing INPI pendency through operational improvements rather than compensating for delays through term extension. Third, opposition from the agribusiness sector — Brazil’s most influential congressional bloc — has emerged in connection with pending royalty disputes involving agrochemical patents, further complicating the bill’s political path.
The government’s preferred legislative vehicle remains Bill 2.210/2022, which focuses on procedural reforms at INPI, including the expanded use of artificial intelligence in examination and increased reliance on the Patent Prosecution Highway, with the stated goal of reducing average pendency to under 4 years.
Foreign associates should monitor developments on both bills, as outcomes in either direction will have material implications for Brazilian patent portfolio strategy.
HOW WE CAN HELP
Ávila Nascimento Advocacia assists foreign IP firms and their clients in all aspects of patent prosecution before INPI, including effective term assessment, portfolio strategy, and prosecution management in light of Brazil’s evolving regulatory framework.
We are available to review the impact of the current PTA landscape on your clients’ existing or planned Brazilian filings and to advise on prosecution strategy accordingly.
Contact our office in Rio de Janeiro for a detailed consultation:
- Email: inpi@avilanascimento.adv.br
- Phone: +55 21 3802-3838
- WhatsApp: +55 21 97272-8787
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© Ávila Nascimento Advocacia. This article is intended for informational purposes only and does not constitute legal advice. For guidance on specific matters, please contact our office directly.
BRAZIL'S PATENT PROSECUTION HIGHWAY IN 2026 What foreign associates need to know
IP Insights for Foreign Associates
Brazil’s Patent Prosecution Highway (PPH) program entered its fifth phase in January 2025 with a substantially expanded annual quota and a broadened network of partner offices. For foreign associates managing Brazilian patent portfolios, the PPH remains the most effective available tool for accelerating grant — particularly in the absence of any Patent Term Adjustment mechanism in Brazil.
This article summarises the current quota structure, the partner office network, the critical suspension affecting telecommunications applications, and the practical considerations for associates planning to file PPH requests in 2026.
THE CURRENT FRAMEWORK: PHASE V (ORDINANCE 48/2024)
INPI’s Ordinance 48/2024, in force since January 1, 2025, governs the current phase of the PPH program.
The annual quota was increased to 3,200 requests — a fourfold increase over the 800-request annual cap that had applied under Phase IV and which was routinely exhausted within the first half of the year.
The 3,200 annual slots are distributed across four quarterly windows of 800 requests each, opening on the first day of January, April, July and October.
Requests are processed strictly in order of filing within each window. An additional sublimit applies: no more than 1,000 requests per IPC section may be accepted within a single annual cycle, regardless of remaining global quota.
The Q1 2026 window, which opened on January 1, filled within days of opening — consistent with the demand pattern observed in prior cycles. The next available window opens on April 1, 2026.
H04 SUSPENSION: TELECOMMUNICATIONS APPLICATIONS AFFECTED
INPI Ordinance 17/2025, published in December 2025 and effective January 1, 2026, suspended the acceptance of PPH requests for patent applications classified under IPC class H04 (Telecommunications). The suspension applies to all PPH modalities and has no announced reinstatement date.
INPI cited the disproportionate concentration of PPH filings in this class and the examination division’s limited capacity to process accelerated requests at the required volume as grounds for the measure. The suspension does not affect ordinary examination of H04 applications, which continues normally.
Foreign associates with clients holding H04 applications pending at INPI should be advised that PPH acceleration is unavailable for this class until further notice and that ordinary examination timelines apply. Associates managing mixed portfolios with both H04 and non-H04 applications should note that the H04 restriction does not consume quota available for other classes.
THE PARTNER OFFICE NETWORK: 35 OFFICES VIA GLOBAL PPH
Brazil acceded to the Global Patent Prosecution Highway in July 2024, expanding its partner network from a bilateral arrangement to a multilateral framework. As of March 2026, INPI accepts work products from 35 partner offices, including the USPTO, EPO, JPO, CNIPA, KIPO, IP Australia, CIPO, and UKIPO, among others. Brazil’s bilateral agreement with CNIPA was extended through 2029.
The full list of partner offices covers the principal prosecution hubs relevant to the portfolios of most foreign associates. Applicants whose cases have received a positive examination outcome — including a notice of allowance or its equivalent — at any of the 35 partner offices are eligible to request PPH treatment at INPI, subject to claim correspondence requirements and the quota constraints described above.
PRACTICAL CONSIDERATIONS FOR THE APRIL 1 WINDOW
Foreign associates planning to submit PPH requests in the Q2 2026 window should note the following:
— Eligibility: At least one claim in the Brazilian application must be substantially the same as a claim allowed by the partner office. A claim correspondence table is required.
— Documentation: The filing must include the foreign allowance document, the claim correspondence table, and certified Portuguese translations of relevant foreign office actions where not already on file at INPI. A power of attorney is required if not already registered.
— Timing: The window opens at the start of business on April 1, 2026. Given the demand pattern in prior cycles, requests should be prepared in full and filed on the opening day. Preparation should begin well in advance.
— Class restrictions: Confirm IPC classification prior to filing. H04 applications are ineligible. Applications approaching the 1,000-request sublimit for any other IPC section should be monitored accordingly.
THE PPH IN THE CONTEXT OF BRAZIL’S ABSENT PTA MECHANISM
A point worth underscoring for portfolio strategy purposes: the PPH does not extend a patent’s term. Its value in the Brazilian context is that it accelerates grant — and, given that Brazil operates without any Patent Term Adjustment mechanism following the STF’s 2021 ruling in ADI 5529, every year of INPI pendency is a year of effective protection lost within the fixed 20-year statutory term from filing.
Securing earlier grant through the PPH is currently the only procedural tool available to partially offset the impact of INPI’s examination backlog on effective protection. For clients with commercially significant applications pending in Brazil, PPH eligibility should be assessed as a matter of routine portfolio management.
HOW WE CAN HELP
Ávila Nascimento Advocacia assists foreign IP firms and their clients in all aspects of patent prosecution before INPI, including PPH request preparation and filing, deadline monitoring across quarterly windows, and portfolio strategy in light of Brazil’s current examination environment.
We are available to assess PPH eligibility for your clients’ pending Brazilian applications and to manage the filing process on your behalf for the April 1, 2026 window and subsequent cycles.
Contact our office in Rio de Janeiro for a detailed consultation:
- Email: inpi@avilanascimento.adv.br
- Phone: +55 21 3802-3838
- WhatsApp: +55 21 97272-8787
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© Ávila Nascimento Advocacia. This article is intended for informational purposes only and does not constitute legal advice. For guidance on specific matters, please contact our office directly.