PCT National Phase Entry in Brazil: A Practical Guide

What is national phase entry?

The Patent Cooperation Treaty (PCT) allows an applicant to file a single international application that has the effect of a national filing in each Contracting State the applicant designates. Brazil is automatically designated in every PCT application filed after the country joined the system.

The international phase — search and, optionally, preliminary examination — does not itself grant any right. To obtain protection in Brazil, the applicant must "enter the national phase" before the INPI within the applicable time limit, after which the application is treated as a regular Brazilian patent application.

The 30-month deadline

Brazil applies the 30-month time limit, counted from the priority date, for national phase entry under both PCT Chapter I and Chapter II. This is the harmonized deadline used by most PCT Contracting States and gives applicants additional time to assess commercial interest in the Brazilian market before committing to local costs.

Unlike some jurisdictions, this deadline is generally treated as final: late entry is possible only in narrow circumstances and is not a routine option. Applicants and foreign associates should calendar the Brazilian deadline independently of other jurisdictions in the same family.

Documents and requirements for entry

Entering the national phase before the INPI requires a Portuguese translation of the description, claims and abstract (and of any text in the drawings), payment of the official filing fee, and, where the applicant is not domiciled in Brazil, the appointment of a local representative with powers of attorney.

The application is examined for formal compliance shortly after entry. Translation quality matters: claims define the scope of protection, and any divergence between the translation and the original PCT text can create interpretation issues later in prosecution or enforcement.

• Confirm the correct priority date and the resulting 30-month deadline for Brazil.
• Prepare a technically accurate Portuguese translation of the full specification.
• Appoint a Brazilian representative and execute the power of attorney in advance.
• Verify whether divisional applications or claim amendments are needed before entry.

After entry: publication and examination request

Once national phase entry is complete, the application follows the same procedural track as a directly filed Brazilian patent application. If the 18-month publication period (counted from the earliest priority date) has already elapsed at the international level, the application is published promptly after entry.

Substantive examination is not automatic: the applicant (or any third party) must file a request for examination within 36 months of the international filing date. Missing this deadline results in definitive withdrawal of the application, so it should be tracked alongside the entry deadline.

Strategic considerations for foreign applicants

Brazil offers programs that can accelerate examination for specific technology areas or applicant profiles, including Patent Prosecution Highway (PPH) arrangements with partner offices and expedited tracks for green technologies, small entities, and applicants of advanced age or with health conditions, among other criteria.

Coordinating the Brazilian national phase strategy with the rest of the international family — including claim scope, divisional filing strategy and any office actions already raised by other offices during international search or examination — helps avoid inconsistencies that can be raised later by the Brazilian examiner.