Brazil joined the PCT in 1978. Therefore, national phase applications may be filed in this country. The time limit applicable for entry into the national phase is 30 months from the earliest priority date. Patent Filing in Brazil via PCT is available.
Patent applications in Brazil undergo a formal and substantive examination. A formal request for the substantive examination should be filed at the Patent Office.
It is mandatory to file the original set of claims at the national phase entry. No additional claims are payable in this country when filing a patent application. However, it is necessary to pay additional claims in excess of 10 at the time of requesting examination. Nevertheless, amendments to reduce the on-file claim quantity are possible and will be cost lowering. Please note that the official practice does not allow that canceled claims to be reinstated after the filing of the examination request.
Regarding the formalities to be fulfilled, a Patent Filing in Brazil via PCT must include a translation of the international application into Portuguese is required. Also, a Power of Attorney, an Assignment document from the inventors to the Applicant (where applicable) and information on the priority claim (a copy of the priority document or IB/304 form) must be submitted. Further, the Brazilian PTO requires confirmation as to whether the object of an application being filed was obtained as a result of an access to a sample of a national genetic patrimony component or Associated Traditional Knowledge in Brazil.
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