How to enter the Brazilian PCT National Phase

Brazilian PCT national phase entry

This guide sets out the requirement for entering the national phase in Brazil from a PCT application.

Time limits

The time limit for entering the national phase in Brazil is 30 months from the priority date.

Translation requirements

The international application must be translated into Portuguese, if applicable.

A translation of the description, claims, any text match of the drawings and abstract as required. If the claims have been amended, the translation of both the claims as originally filed and as amended is required.

Annual fees

Annual maintenance fees are payable within three months on the second and each subsequent anniversary of the international filing date.

Examination

Examination must be requested within 36 months from the international filing date or within 60 days of entry into the national phase.

Examination may be prioritised if the applicant is over 60 years of age and the claims being infringed or the grant of a patent is a condition for obtaining funding.

Utility model option

The applicants may choose a utility model as opposed to a patent on the basis of the international application. Note that an international application for a patent may be converted into a utility model.