Updates on Official Fees and Services of the Brazilian Patent Office

The Brazilian Patent Office (Instituto Nacional da Propriedade Industrial – INPI) has announced significant updates to its official fees and patent-related services, effective as of August and September 2025. These changes have direct implications for companies and patent holders with filings or pending actions in Brazil.

Understanding the scope and timing of these updates is essential to avoid unnecessary costs and to take advantage of new procedural options

Increase in Official Fees

Starting August 7, 2025, INPI’s official fees will increase by approximately 30%.

Given this adjustment, it is strongly advisable to expedite any patent-related actions that generate administrative fees—such as filings, requests, or procedural steps—before this date in order to avoid higher costs.

New Categories for Expedited Patent Examination

INPI has expanded the categories eligible for fast-track patent examination, introducing two new grounds:

• Public Interest Justification

• Strategic Justification

These additions provide applicants with broader opportunities to request accelerated examination when strategic or public policy considerations are involved.

New Patent Services Without Official Fees

Two new patent-related services have been introduced, both exempt from official fees:

• Withdrawal of Appeal (Code 298)

• Withdrawal of Request (Code 299)

These options allow applicants to streamline prosecution strategies without incurring additional administrative costs.

Changes to Patent Grant Fees

Effective September 21, 2025, payment of the patent grant fee will become optional:

• If the fee is paid, the patent certificate will be issued more quickly.

• If the fee is not paid, the certificate will be issued after December 20, 2025.

As of December 20, 2025, the grant fee will no longer apply. In cases of a favorable decision, the patent will be granted automatically, without payment of a grant fee.

50% Discount on Official Fees

A 50% discount on official fees will be available as of August 7, 2025, for the following categories:

• Individuals who do not hold ownership interests in companies within the sector of the application and are entitled to the discount in their own name

• Micro-enterprises, micro-entrepreneurs, and small businesses (Complementary Law No. 123/2006)

• Simple innovation companies (Complementary Law No. 167/2019)

• Scientific, technological, and innovation institutions (ICTs) under Law No. 10,973/2004

• Non-profit organizations

• Public entities

These discounts represent a significant opportunity to reduce costs for eligible applicants.

Conclusion

The updates to INPI’s official fees and services introduce both challenges and opportunities. While the fee increase underscores the importance of timely action, new procedural options, discounts, and flexibility in grant fees provide strategic alternatives for patent holders.

Careful planning and specialized legal advice are key to optimizing patent portfolios in Brazil under this new framework.

WRITTEN BY: ELIANA PORTILLA

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