Laws and Regulations

Law No. 9,279, of May 14, 1996 - Regulates rights and obligations related to industrial property.

Law No. 10,196, of February 14, 2001 - Amends and adds provisions to Law No. 9,279 of May 14, 1996, which regulates the rights and obligations related to industrial property, among other provisions.

Law No. 13,123, of May 20, 2015 - Regulates item II of paragraph 1 and paragraph 4 of art. 225 of the Federal Constitution, Article 1, item j of Article 8, item c of Article 10, Article 15 and paragraphs 3 and 4 of Article 16 of the Convention on Biological Diversity, enacted by Decree No. 2,519 of March 16, 1998; provides for the access to genetic heritage, the protection and access to the traditional knowledge associated, and the sharing of benefits for preservation and sustainable use of biodiversity; revokes Provisional Measure No. 2,186-16 of August 23, 2001; among other provisions.

The Patent Cooperation Treaty (PCT) provides for the filing of an international application that may be transformed into national applications in different countries. See all provisions of the PCT (in English, as amended in October 2001).

International phase of the PCT

Patent Cooperation Treaty (PCT)
Regulations under the PCT (as in force from 7/1/2014)
PCT Administrative Instructions (as in force from 9/16/2012)

Annex A: Forms

Receiving Office (RO) 
International Search Authority – ISA
International Bureau (IB)
International Preliminary Examination Authorities (IPEA)

Annex F: Electronic Form
ePCT system

Portaria INPI PR nº 149, de 07 de abril de 2020 - It allows priority processing of patent processes with technology related to Covid-19.

PR Resolution No. 241 of July 3, 2019 - Regulates the preliminary requirement of the application of the patent of invention pending examination, with the use of results from searches carried out in Patent Offices of other countries, International or Regional Organizations.

PR Resolution No. 240 of July 3, 2019 - Regulates the preliminary requirement of the application of the patent of invention pending examination, with no searches carried out in Patent Offices of other countries, International or Regional Organizations

Resolution No. 208/2017 of December 27, 2017 - Establishes the Guidelines for Examination of Patent Applications in the Field of Chemistry.

Resolution No. 187 of April 27, 2017 - Provides for the procedures for submission of the Sequence Listing electronically for purposes of supplementation of the specification included in the patent applications filed with INPI, as well as the rules for representation of sequences of nucleotides and amino acids of the Sequence Listing.

Resolution No. 158 of November 28, 2016 - Establishes the Guidelines for Examination of Patent Applications Involving Inventions Implemented by Software.

Resolution No. 169 of July 15, 2016 - Establishes the Guidelines for Examination of Patent Applications – Block II – Patentability.

Resolution No. 144 of March 12, 2015 - Establishes the guidelines for examination of patent applications in the field of biotechnology.

Resolution No. 124 of December 4, 2013 - Establishes the guidelines for examination of patent applications – Patent Application Content.

PR Resolution No. 93 of June 10, 2013 - Establishes the guidelines on the applicability of the provisions in article 32 of Law No. 9,279/96 on the patent applications, within the scope of INPI.

PR Resolution No. 85 of April 11, 2013 - Establishes the Guideline for Examination of Utility Model patent.

DIRPA Normative Ruling No. 30/2013 - Establishes general rules for procedures to clarify and comply with provisions of the Industrial Property Law – Law No. 9,279 of May 14, 1996, with respect to the specifications of the patent applications. 

DIRPA Normative Ruling No. 31/2013 - Establishes general rules for procedures to clarify and comply with provisions of the Industrial Property Law – Law No. 9,279 of May 14, 1996, with respect to the formal specifications of the patent applications. 

DIRPA Enforcement Rule No. 1/2019 – Establishes a new wording to Article 4 of Enforcement Rule No. 08/2014.

DIRPA Enforcement Rule No. 7/2019 - Establishes procedures for preparing the opinions provided for in preliminary requirements 6.21 and 6.22. Establishes procedures for the first technical examination of the application of patent of invention after preliminary requirements (6.21) and (6.22) and after pre-examination requirement (6.20) carried out during the effectiveness of Resolution No. 241/2019 (6.21).

2020

Ordinance INPI No. 348 of October 9, 2020 - Regulates the procedures related to the control of the payment of the annual fees for the applications or patents pending more than one annual fee.

Ordinance INPI No. 302 of August 18, 2020 - Regulates the procedures related to the request for reopening of the patent application, in case the examination is not applied for, and to the request for rehabilitation of the patent application or of the patent, in case of failure to pay the annual fee within the legal term.

Ordinance INPI No. 09 of August 17, 2020 - Updates the understanding on proofs of payment of the fees for the services related to patent services.

2019

PR Resolution No. 252 of October 18, 2019 - Establishes the pilot project Patent Prosecution Highway (PPH).

PR Resolution No. 243 of July 19, 2019 - Suspends INPI/PR Resolution No. 14 of March 18, 2013, which established the lines for the first examination of patent applications and the criteria for distributing the applications for the patent examiners to carry out the technical examination, within the scope of INPI.

PR Resolution No. 239 of July 04, 2019 - Regulates the priority procedures for patent processes in the scope of DIRPA.

PR Resolution No. 238 of May 24, 2019 - Establishes  the pilot project Patents ICT III.

2018

PR Resolution No. 227 of October 30, 2018 -  Regulates the analysis of application of the patent of invention pending examination, using the result of searches carried out in Patent Offices of other countries, International or Regional Organizations.

2017

Resolution No. 197 of June 22, 2017 - Revokes INPI/PR Resolution No. 193 of June 07, 2017, and INPI/PR Resolution No. 196 of June 19, 2017.

Resolution No. 196 of June 19, 2017 - Suspends, for thirty (30) days, the term referred to in article 7 of INPI/PR Resolution No. 193 of June 07, 2017.

Resolution No. 190 of May 02, 2017 - Exclusion of paper services and their elimination from the Table of Fees of the services provided by INPI.

Resolution No. 189 of April 28, 2017 - Regulates how to use the service “Other Petitions”, listed under code 260 of the Table of Fees of the services provided by INPI.

Resolution No. 188 of April 28, 2017 - Creates the Table of Fees of Computer Program services.

Resolution No. 186 of April 27, 2017 - Provides for the revocation of INPI/PR Resolution No. 81 of May 28, 2013.

2014

PR Resolution No. 139 of October 16, 2014 - Provides for the entry into force of the system for filing electronically the PCT applications.

2013

PR Resolution No. 13 of March 18, 2013 - Regulates the delivery of the Letters Patent in electronic format only, among other provisions.

PR Resolution No. 14 of March 18, 2013  - Establishes the lines for the first examination of patent applications and the criteria for distributing the applications for the patent examiners to carry out the technical examination, within the scope of INPI, among other provisions.

PR Resolution No. 62 of March 18, 2013 - Establishes the e-Patent System/Filing governed by this Resolution and the rules regulating the e-INPI system, determined in Resolution No. 25 of 2013.

PR Resolution No. 63 of March 18, 2013 - Establishes new forms and procedures adapted to the Quality Guide in INPI’s Patent Office - DIRPA.

PR Resolution No. 64 of March 18, 2013 - Establishes Patent Examination Guidelines.

PR Resolution No. 69 of March 18, 2013 - Regulates the procedures related to the request for application of the patent of invention whose subject matter had been obtained from an access to the sample of components of national genetic heritage.

PR Resolution No. 72 of March 18, 2013 - Regulates the procedures related to the payment for issuance of the Letters Patent.

PR Resolution No. 73 of March 18, 2013 - Provides for filing of national patent applications, certificates of addition of invention, and international applications filed through the Patent Cooperation Treaty (PCT) which chose to entry the Brazilian national phase and the procedures related to the formal examination of the national patent application, pursuant to Art. 21 of the Industrial Property Law (LPI).

PR Resolution No. 74 of March 18, 2013 - Provides for filing of national patent applications, certificates of addition of invention, and international applications filed through the Patent Cooperation Treaty (PCT) which chose to entry the Brazilian national phase and the procedures related to the formal examination and the numbering of the national patent application.

PR Resolution No. 77 of March 18, 2013 - Regulates the procedures for entry of the national phase of the patent applications filed pursuant to the Patent Cooperation Treaty (PCT) with INPI, as Designated or Elected Office, in order to adjust such applications to the provisions of the Industrial Property Law – Law No. 9,279 of May 14, 1996 (LPI).

PR Resolution No. 80 of March 19, 2013 - Regulates the prioritization of the examination of patent applications for pharmaceutical products and processes, as well as equipment and material related to public health.

PR Resolution No. 94 of June 13, 2013 - Regulates the procedures related to the proof of payment of the requirement of the examination of the patent application.

PR Resolution No. 95 of June 13, 2013 - Regulates the procedures related to the proof of payment of the requirement of the early publication of the patent application.

PR Resolution No. 113 of October 15, 2013 - Regulates the procedures related to the control of payment of annual fees addressed in article 84, as well as the restoration provided for in article 87, all under Law No. 9,279/96.

PR Resolution No. 120 - Provides for the waiver of the submission of additional counterparts or copy in the submission of petitions related to patent applications.

Resolution No. 123 of November 29, 2013 - Amends and regulates the optional procedure in the first action in a patent application, referred to as “Preliminary Opinion on Patentability, among other provisions.

DIRPA Resolution No. 1 of March 18, 2013 - ICreates and establishes criteria for accounting for technical examinations and other services of the Directorate of Patent– DIRPA in the Production Registration System (SISCAP) of the patent examiner, among other provisions.

2019

PR Normative Ruling No. 112 of November 12, 2019 - Establishes criteria and conditions for the Pilot Experience Management Program in task mode, in the National Institute of Industrial Property – INPI, within the scope of DIRPA.

DIRPA Normative Ruling No. 1 of June 14, 2019 - Establishes the administrative proceedings related to the assessment of the requests for priority judgment on the patent proceedings within the scope of DIRPA.

2018

Service Order/INPI/DIRPA No. 01/2018 of January 8, 2018 - Establishes the waiver of examination of the power of attorney in petitions related to patent proceedings.

2017

DIRPA Normative Ruling No. 02/2017 - Establishes the automatic admissibility proceeding for PCT applications in Brazil.

2013

DIRPA Normative Ruling No. 01/2013 - Legal Applicability of Laws No. 11,105 (Biosecurity Law) and No. 10,814 in the granting of patents by INPI in the Biotechnology field.

Normative Ruling No. 18/2013 - Regulates the application procedure provided for in arts. 230 and 231 of Law No. 9,279/96.

DIRPA Enforcement Rule No. 01/2013 - Establishes administrative procedures related to the examination of the application for Certificate of Addition of Invention within the scope of DIRPA.

DIRPA Enforcement Rule No. 02/2013 - Establishes administrative proceedings related to the digital certification of information and documents available to the public within the scope of the Patent Directorate.

DIRPA Enforcement Rule No. 03/2013 - Establishes administrative proceedings related to republication, restatement, annulment of orders published in the Industrial Property Journal ¬– Electronic Gazette - RPI within the scope of the Patent Directorate.

DIRPA Enforcement Rule No. 05/2013 -  Establishes and regulates the criteria for the allocation of time for additional activities to the examination of the patent application upon registration of the production of the patent examiner, among other provisions.

PR Resolution No. 242 of June 27, 2019 - Establishes Pilot Project PPH PROSUL III.

PR Resolution No. 237 of March 28, 2019 - Establishes the Pilot Project Prioridade BR IV (RPI No. 2,517 of April 2, 2019).

PR Resolution No. 224 of August 31, 2018 - Establishes phase II of the Pilot Project for Shared Examination PPH PROSUL.

PR Resolution No. 222 of July 20, 2018 - Establishes the Pilot Project for Shared Examination PPH INPI-UKIPO.

Resolution No. 220, 2018 of May 25, 2018 - Establishes phase II of the Pilot Project of the priority judgment of patent proceedings filed by a Scientific, Technology, and Innovation Institution.

Resolution No. 218/2018 of May 7, 2018 - Establishes Phase II of the Pilot Project for Shared Examination PPH INPI-USPTO.

Resolution No. 217/2018 of May 3, 2018 - Amends Resolution No. 80 of March 19, 2013, which regulates the prioritization of the examination of patent applications for pharmaceutical products and processes, as well as equipment and material related to public health.

Resolution No. 212/2018 of February 28, 2018 - Establishes stage III of the Pilot Project for prioritization of the examination of patent applications pertaining to families of patents originated in Brazil, “BR Priority”.

Resolution No. 211/2018 of February 28, 2018 - Establishes stage III of the Pilot Project for prioritization of the examination of patent applications filed by Individual, Microentrepreneurs, Micro-Enterprises, or Small-Sized Companies, “MPE Patents”.

Resolution No. 210/2018 of January 26, 2018 - Amends INPI/PR Resolution No. 154 of December 21, 2015.

Resolution No. 209/2018 of January 26, 2018 -  Establishes the Pilot Project for Shared Examination PPH INPI-SIPO.

Resolution No. 202/2017 of October 30, 2017 - Establishes the Pilot Project for Shared Examination PPH INPI-SIPO.

Resolution No. 193 of June 7, 2017 - Regulates the expeditious analysis for patent application within the scope of the PCT.

Resolution No. 191 of May 18, 2017 - Establishes the Pilot Project for prioritization of the examination of patent applications filed by Science and Technology Institutions, “ICT Patents”.

Resolution No. 184 of March 24, 2017 - Establishes the Pilot Project for Shared Examination PPH INPI-JPO.

Resolution No. 181 of February 21, 2017 - Establishes stage II of the Pilot Project for prioritization of the examination of patent applications filed by Micro-Enterprises and Small-Sized Companies, “MPE Patents”.

Resolution No. 180 of February 21, 2017 - Establishes stage II of the Pilot Project for prioritization of the examination of patent applications originated in Brazil and with priority right ensured for application in another national patent office or international organization, “BR Priority”.

Resolution No. 179 of February 21, 2017 - Improves the procedures for entry of the national phase of the international patent applications filed pursuant to the Patent Cooperation Treaty (PCT) with INPI, as Designated or Elected Office.

Resolution No. 174 of November 30, 2016 - Improves the procedures for entry of the national phase of the international patent applications filed pursuant to the Patent Cooperation Treaty (PCT) with INPI, as Designated or Elected Office.

Resolution No. 175 of November 5, 2016 - Regulates the priority examination of “Green Patents”.

Resolution No. 160 of February 17, 2016 - Provides for the Pilot Project for Prioritization of the examination of the Patent Application filed by a micro-enterprise or a small-sized company.

PR Resolution No. 153 of December 28, 2015 - Provides for the Pilot Project BR Priority, which prioritizes the examination of patent applications originated in Brazil subsequently required abroad.

PR Resolution No. 154 of December 21, 2015 - Provides for the administrative proceeding of The Pilot Project for Priority Shared Examination Patent Prosecution Highway (PPH).

PR Resolution No. 151 of October 23, 2015 - Regulates the priority examination of patent application due to age, improper use of the invention, serious disease and request for support funds within the scope of INPI.

Resolution No. 145 of March 17, 2015 - Extends the 3rd Stage of the Pilot Program of Green Patents.

Resolution No. 131 of April 15, 2014 - Expands and regulates the priority examination of Green Patent applications, within the scope of INPI, the procedures related to the Pilot Program for the topic, among other provisions.

PR Resolution No. 81 of March 28, 2013 (annex) - Provides for the proceedings of submission of the “Sequence Listing”, electronically, for purposes of supplementation of the specification included in the patent applications filed with INPI, as well as for the rules for submission of the sequences of nucleotides and amino acids in the “Sequence Listing”, and revokes item 16.3 of Regulatory Act No. 127 of March 5, 1997, and Resolution No. 210 of May 7, 2009.

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