Brazil belongs to  the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• European Patent Convention ("EPC")

Inventions protections available in Brazil include:

• Inventions
• Utility models

The following subject matter is excluded from patent protection in Brazil:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: Software when not implemented by a hardware system

Required documents and information required for filing a national patent application in Brazil include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Deed of Assignment
• Other: BPTO's payment slip, in case of priorities, the complete information filled in and a copy of the filing documents.

Yes, it is possible to request early publication or deferment of publication in Brazil.

Yes, the applicant has a provisional right upon publication of an application in Brazil. It is important to bear in mind that Brazil does not have provisional patents. 

It is possible to file voluntary amendments in Brazil at the following times:

• Other: Any time during the prosecution and before the end of the examination. Some exceptions may apply. 

Yes, it is required to file a request for substantive examination in Brazil, 36 months as of the filing date. 

Yes, there is a third-party opposition procedure upon publication or after grant in Brazil.

The time period from application to grant in Brazil is between 5-8 years depending on the field of the technology. 

Yes, there is a process for accelerated examination of an application in Brazil. The accelerated examination may be requested in the following cases: (i) Process of ownership for an individual aged 60 or over; (ii) Process of ownership for an individual with a physical or mental disability; (iii) Process of ownership for an individual with a serious illness; (iv) Processes owned by Micro and/or Small Companies; (v) Processes owned by Scientific, Technological and Innovation Institutions; (vi) Processes whose concession is a condition for obtaining financial resources; (vii) Processes whose object is being reproduced by third parties without authorization; (viii) Third parties that were accused of counterfeiting; (ix) Third parties that are titleholders of technology that was subsequently filed as a patent; (x) Proceedings for protection of green technology;(xi) Processes whose object is a product for the treatment of specific diseases; (xii) Processes of patent families whose protection was initially requested in Brazil; (xiii) Processes for which the matter was considered patentable by a partner Patent Office (xiv) patente applications related to inovations that may be used in the response to the COVID-19 pandemic

Yes, it is required to pay an annuity to maintain the validity of a patent in Brazil. 

Yes, late payment of annuity is permissible in Brazil. There are additional fees and the extraordinary term is six months after the original term.

Available enforcement methods in Brazil include:

• Civil enforcement
• Administrative enforcement
• Criminal enforcement
• Misdemeanor enforcement
• Border measures, also available by way of civil and/or criminal enforcement. 

None identified.