Introduction

Patent registration is a crucial process for inventors and businesses looking to protect their innovations and gain exclusive rights over their inventions. In Brazil, the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial) is responsible for examining and granting patents. However, obtaining a patent is not an instant process—it involves multiple stages, extensive reviews, and legal formalities, which can result in long waiting periods.

On average, patent registration in Brazil takes between 7 to 10 years, but the timeline can vary based on several factors, including backlog, complexity, and legal disputes. In this article, we explore the step-by-step timeline of the patent application process, the factors influencing delays, and strategies to expedite approval.

Why Does the Patent Process Take So Long?

Patent registration is a complex legal process that involves a thorough evaluation of whether an invention meets the required criteria: novelty, inventive step, and industrial applicability. Several factors contribute to the long processing time in Brazil:

• Large backlog of patent applications at INPI.
• Delays in substantive examination due to resource limitations.
• Oppositions and legal challenges from third parties.
• Time-consuming technical evaluations of complex inventions.
• Failure to request examination on time, which can extend the process.

Step-by-Step Timeline for Patent Registration in Brazil

1. Prior Art Search (Optional) – 1 to 3 Months

Before filing a patent application, it is recommended to conduct a prior art search to determine if similar patents already exist. This step is not mandatory but can help prevent rejections due to lack of novelty.

• Independent search in INPI’s patent database – Immediate results.
• Professional patent search conducted by attorneys – 1 to 3 months for a detailed analysis.

2. Filing the Patent Application – 1 to 2 Days

The first official step is to submit the patent application via INPI’s e-INPI platform.

• The applicant must prepare technical documents, including claims, drawings, and descriptions.
• The official filing fee must be paid.
• Once submitted, the patent application receives a protocol number and a filing date.

3. Formal Examination – 6 to 12 Months

INPI conducts a preliminary review to check if the application meets basic formal requirements.

• If any errors or missing documents are found, the applicant receives an office action requesting corrections.
• If the application is properly filed, it moves to the publication stage.

4. Patent Publication in the Official Gazette – 18 Months

• Patent applications are published in INPI’s Official Gazette (Revista da Propriedade Industrial – RPI) after 18 months from the filing date.
• This allows the public and competitors to review the invention and file oppositions.
• If confidentiality is required, an early publication request can be made.

5. Requesting Substantive Examination – Within 36 Months

Unlike trademarks, patent applicants must formally request an examination within 36 months of filing.

• If the applicant fails to request an examination, the patent application is automatically abandoned.
• The examination fee must be paid before INPI starts reviewing the patent’s eligibility.

6. Substantive Examination – 3 to 7 Years

This is the longest phase of the patent process. INPI examines the invention’s novelty, inventive step, and industrial applicability.

• INPI may issue office actions, requiring the applicant to submit additional technical explanations or amendments.
• Third parties may also file oppositions, leading to further delays.
• Complex inventions, especially in pharmaceutical and biotechnology fields, take longer to evaluate.

7. Patent Grant or Rejection – 1 to 2 Years

• If the patent meets all legal requirements, INPI grants the patent, and the applicant must pay the final registration fee.
• If the patent fails to meet the requirements, the applicant can file an appeal within 60 days.

Total Estimated Time to Obtain a Patent

Phase	Estimated Time
Prior Art Search (Optional)	1-3 months
Filing the Application	1-2 days
Formal Examination	6-12 months
Patent Publication	18 months
Request for Examination	Within 36 months (3 years)
Substantive Examination	3-7 years
Granting or Rejection	1-2 years
Total Estimated Time	7-10 years

Factors That May Delay Patent Registration

Several factors can extend the patent registration period beyond 10 years:

1. High Volume of Applications: INPI processes thousands of applications yearly, leading to a backlog.
2. Failure to Request Examination on Time: If the examination is not requested within 3 years, the patent is abandoned.
3. Complexity of the Invention: Highly technical fields, such as pharmaceuticals, require extensive analysis.
4. Oppositions from Third Parties: Competitors can challenge the patent’s validity, leading to legal disputes.
5. Errors in Documentation: Incomplete or incorrect information requires corrections, delaying the process.

How to Speed Up the Patent Registration Process

If you want to reduce the waiting time, consider the following strategies:

1. Conduct a Thorough Prior Art Search

• Identifying similar patents in advance helps avoid rejection.
• A professional search can strengthen your application.

2. Request Fast-Track Examination (If Eligible)

Brazil offers accelerated examination programs for specific cases:

• Green Patents Program: For environmentally friendly technologies.
• Health Sector Priority: For pharmaceutical patents and medical devices.
• Startups and Small Business Acceleration: Available for Brazilian startups.

3. Submit a Complete and Clear Application

• Ensure technical descriptions and claims are well-structured.
• Provide detailed drawings and explanations.
• Avoid ambiguities or missing information.

4. Monitor the Application Status and Respond Promptly

• Regularly check INPI’s patent database for updates.
• If an office action is issued, respond immediately to avoid further delays.

Can You Use the Invention While the Patent is Pending?

Yes, applicants can commercialize and use the invention while waiting for approval. However, there are risks:

• Patent Pending Protection: The applicant can indicate “Patent Pending” status but does not have full legal exclusivity.
• Risk of Rejection: If the patent is eventually denied, competitors may copy the invention.
• Provisional Rights: If the patent is later granted, compensation for past unauthorized use may be claimed.

What Happens After the Patent is Granted?

Once a patent is approved, the owner must maintain its validity:

• Annual maintenance fees must be paid starting from the third year.
• The patent holder must actively defend against infringements.
• After 20 years for invention patents (PI) or 15 years for utility models (MU), the patent expires and enters public domain.

Conclusion

Obtaining a patent in Brazil is a long and complex process, typically taking 7 to 10 years due to examination backlogs and legal requirements. However, by submitting a well-prepared application, monitoring deadlines, and using fast-track programs, applicants can reduce waiting times and secure patent protection faster.

Understanding the patent registration timeline allows inventors and businesses to plan ahead, ensuring that their innovations remain legally protected and commercially valuable.