How to renew a patent in Brazil?

In this article you will find information on:
  • When patent renewal fees are due
  • The renewal fee amount and currency
  • Details on other types of intellectual property valid in the jurisdiction
  • FAQ related to the renewal process

Region

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Due dates

Renewal fees in Brazil must be paid by certain dates. In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.

The first annuity is paid 27 months from the date of filing to the National Institute of Industrial Property. This annuity must be paid regardless of whether the patent has been granted or not.

For example, if the filing date of a patent is 2018-03-19, then the first annuity must be paid by 2020-06-19.

After the first annuity has been paid, all subsequent annuities must be paid annually, three months after the anniversary of the filing date. The due date should be the third month after the date corresponding to the filing date.

For example, if the filing date was on September 9, then all subsequent annuities will be due on December 9 each year.

Other intellectual property types

In Brazil, there are other types of intellectual property besides patents. These include utility models and designs.

We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.

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Brazil
Brazil
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+(55) (21) 3037-3000
email
sepex@inpi.gov.br

Renewal fee factors:

In Brazil, the renewal fee will vary depending on whether your patent has been granted or not. During the application process the renewal fees will be lower and after grant the renewal fees will be higher. Both fee schedules can be found on this page.

Patent renewal fee intervals in

the

Brazil

Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640
Patent Year Official Renewal Fee for Patent Before Grant (BRL) Official Renewal Fee for Patent After Grant (BRL)
1
2
3 295 780
4 295 780
5 295 780
6 295 780
7 295 1 220
8 295 1 220
9 295 1 220
10 295 1 220
11 295 1 645
12 295 1 645
13 295 1 645
14 295 1 645
15 295 1 645
16 295 2 005
17 295 2 005
18 295 2 005
19 295 2 005
20 295 2 005
The fees were last updated on
August 28, 2023
.
The information is based on the local patent office's database.
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autorenew
Fully automate your renewals
Upgrade your current setup to our fintech solution and enjoy the effortless IP renewals.
bolt
Your personalized platform
Your platform enables you to utilize auto-renewal options, real-time tracking, budget and forecasting, transparent invoicing, and more.
savings
Save up to 50% on your costs
We have never been presented with an invoice more cost-effective than ours, therefore we offer 100% price guarantee.
verified_user
Renewal expertise and security
Our patent expert team serves more than 1200+ patent owners from 40+ countries. All of our data handling procedures are thorough, and all security measures are taken to comply with data regulations.

Brazil Patent Renewal Fees FAQ

1.

What happens to a Brazilian patent before it has been granted?

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Renewal fees must be paid in Brazil regardless of whether the patent is granted or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.

2.

When can I pay the renewal fee in Brazil?

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The renewal fee in Brazil can be paid up to 3 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.

3.

Can I renew a patent after I miss a renewal due date?

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Yes, it is possible to renew a Brazilian patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.

For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.

4.

Do I need assistance from local representation to renew a patent in Brazil?

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Yes, you will need assistance from local representation to renew a patent in Brazil. It is a requirement to be an authorized representative in order to carry out the renewal of a patent in Brazil. Currently, PatentRenewal.com does not have the necessary authorization and we are therefore using a local representative to carry out the renewal process.

It may be possible for the patent owner to carry out the renewal themself, but unless you have experience with paying renewal fees in Brazil we will advise you to engage a local representative.

5.

How long do patents last in Brazil?

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A patent will stay in force for 20 years in Brazil from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.