Brazil patent term adjustment bill advances to compensate for BRPTO delays

This legislative move addresses a critical regulatory gap left by the 2021 Supreme Court decision that invalidated minimum patent terms. By establishing objective deadlines for the Brazilian Patent and Trademark Office, the bill provides a predictable mechanism for protecting intellectual property rights in a major Latin American market. This alignment with international standards in the U.S. and Canada could stabilize investment for technology and media firms navigating Brazil's complex legal landscape. Watch for the Committee on Industry, Commerce, and Services to vote on the substitute text following the current amendment period.

Brazil's patent examination delays have long placed it among the slowest major offices globally. The Brazilian Patent and Trademark Office (INPI) has historically maintained a backlog exceeding 150,000 pending applications, with average examination times surpassing eight years for certain technology sectors. This structural inefficiency prompted the 2021 Supreme Court ruling in ADI 5529, which struck down the sole paragraph of Article 40 of the Industrial Property Law that had guaranteed a minimum 10-year patent term from grant date. The decision effectively eliminated the safety net that had compensated patent holders for INPI's chronic delays, leaving innovators with shorter effective protection periods than counterparts in the U.S., Europe, and Japan. Bill 5810/2025, authored by Deputy Adriana Ventura, represents the legislative branch's attempt to fill that gap through a structured adjustment mechanism modeled on U.S. Patent Term Adjustment provisions under 35 U.S.C. § 154(b).

The international alignment dimension carries significant weight for technology and media companies operating in Brazil. The United States Patent and Trademark Office has operated a PTA system since 2000, compensating applicants for delays exceeding three years in examination or specific procedural failures by the office. Canada implemented its own Patent Term Adjustment framework in October 2023 following commitments under the Canada-United States-Mexico Agreement, which required member states to provide adjustments for unreasonable patent office delays. Brazil's proposed five-year cap on adjustments mirrors the U.S. approach and would bring the country into closer conformity with TRIPS Agreement interpretations that favor effective patent protection periods. For streaming technology firms holding codec, content delivery, and digital rights management patents in Brazil, the bill's passage could extend the commercial exclusivity window for innovations currently eroded by examination delays.

The BRPTO has simultaneously pursued administrative reforms to reduce the very delays that Bill 5810/2025 seeks to compensate. As of January 1, 2024, the BRPTO began examining patent applications based on the date substantive examination was requested rather than filing date, a shift that allows applicants to expedite prosecution by requesting examination earlier. Additionally, the BRPTO released its final draft of Examination Guidelines for New Uses of Known Products in June 2026 following nearly a year of public consultation, signaling the office's broader effort to modernize its examination framework. These procedural improvements, combined with the proposed PTA mechanism, suggest Brazil is pursuing a dual-track strategy: reducing delays at the source while simultaneously creating a statutory remedy for delays that persist. highlights the ongoing importance of patent licensing strategies for global media firms.