International application

If there is already a first national deposit in the country of origin, one should, within 12 months, file an international application through Patent Cooperation Treaty (PCT) in the Brazilian National Institute of Industrial Property – INPI (Receiving Office), claiming priority. From then on, the applicant has up to 30 months of this priority date to entry the national phases of the chosen countries.

Note: There is also the possibility of making an initial international application also within 30 months of the national phases (chosen countries, including Brazil).

Upon international application, the applicant shall fill out the application (Receiving Office (RO)/101), available at the PCT’s website. This application shall be submitted in 02 counterparts. The patent application, which shall also be submitted in 02 counterparts, shall include: specification, claims, abstract, and drawings (if any). The language of the international application shall depend on the International Search Authority (ISA) indicated by the applicant. If the chosen ISA is Brazil, the application may be in portuguese, english, or spanish. If another ISA is chosen, the application must be in english. Additionally, one should pay the fees related to the international application (see INPI’s and WIPO’s tables).

The authorities accepted by Brazil are:
Austria (AT)
European Patent Office (EP)
United States (US)
Sweden (SE)
Brazil (BR)