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Updates on Patent Procedures before the Brazilian PTO: New Services, Automation, and Changes to Official Fees

The Brazilian PTO has recently implemented significant changes to the fee structure and procedures related to the registration of trademarks, patents, and other industrial property rights, directly impacting the strategy of these assets. The changes, outlined in Resolution INPI/PR No. 263/2024, aim to promote greater efficiency in the examination of applications and alignment with practices already established in other jurisdictions.

Main changes regarding the patent practice:

1. Adjustment of official fees: The official fees for patent services have been adjusted around 48% for patent filings, annuities and requests for examination. The new fee schedule will come into effect from August 7th, 2025 for the majority of services.

2. Exemption of granting fees: payment of granting fees for inventions and utility models. The transition occur as follows:

  • Decisions of allowance published as of September 21, 2025: Payment of granting fees will become optional. If paid, the issuance of the Letter-patent will be expedited. If the holder chooses not to pay, the patent will be granted after December 20, 2025.
  • Decisions of allowance published from December 20, 2025 onwards: Payment of granting fees will be automatically exempted, making the process even faster.

3. Other discounts:

  • Reduction of 100% for replying to a request for administrative annulment proceedings and for requesting the suspension of secrecy for an industrial design application.
  • 50% discount on official fees: available to individuals; non-profit organizations; and public entities, when referring to their acts.

4. Expected benefits: According to INPI, users can expect in return:

  • Reduced processing time for patent applications;
  • Reduction of bureaucracy and operational costs;
  • Strengthened legal security;
  • Mitigation of risks of filing abandonment due to non-payment of official fees.

5. Recommendations: Given this new scenario, we suggest clients to review their portfolios and to evaluate the budgetary impacts with the increase in the filing, annuities and examination official taxes for eventually anticipating your instructions.

Our firm remains available for specific guidance and personalized analysis of impacts for your company. If you have any questions or need additional clarification, please use your usual contact at our office or email: mail@kasznarleonardos.com

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