In May 2025, the Brazilian Patent and Trademark Office (BRPTO) announced its intention to eliminate the patent issuance fee as part of its efforts to streamline the granting process. This change was made official through publication in the BRPTO’s Official Gazette No. 2859 of October 21, 2025, which confirmed that, as of December 20, 2025, the issuance fee for patents will be discontinued. From that date forward, Letters Patent will be automatically issued following publication of the allowance decision, with no additional payment required.
The same publication also established a transition period for patent applications allowed between September 21, 2025, and December 19, 2025. During this period, payment of the issuance fee is optional. However, applicants who opt not to pay should note that issuance of the Letters Patent will be deferred until after December 20, 2025.
Under Article 38 of the Brazilian Industrial Property Law (Law No. 9,279/1996), the grant of a patent currently depends on proof of payment of the issuance fee, and non-payment results in the definitive dismissal of the application. The BRPTO’s new communication, however, makes no reference to this statutory requirement, creating a potential inconsistency between the law and the updated administrative practice.
While the measure aims to streamline the patent granting process and reduce official costs, it also introduces legal uncertainties regarding compliance with the existing legal framework.
Our patent and litigation teams are closely monitoring the implementation of this change and assessing its potential impact on patent validity and enforceability. Until further clarification or regulatory adjustment is provided, we recommend continuing to pay the issuance fee under the traditional procedure to mitigate risks and avoid possible challenges in the future.
Please feel free to contact our team should you wish to discuss how this development may affect your portfolio or to define the most appropriate filing and grant strategy during the transition period.