Brazil has been steadily improving its intellectual property system. The national office (INPI) has reduced delays in patent and trademark examination, modernized its processes, and joined international treaties such as the Madrid Protocol and the Hague Agreement. These changes have given applicants more options, though in many situations direct national filings still provide greater flexibility and control.
Average examination times are falling. In 2022, patents took close to seven years on average to reach a decision. By 2023, that number had dropped to about 4.6 years, and applications under fast-track programs have moved in as little as 10 to 12 months. INPI has also set a public target of reducing average patent pendency to two years by 2026, while aiming for trademark decisions in just a few months. The office is moving to consolidate fees at the filing stage, which simplifies administration but requires applicants to plan better from the outset. Appeals have also become stricter, so companies need to prepare stronger applications from the very beginning.
Where Brazil stands out today is in the strength of its remedies. Courts regularly grant preliminary injunctions that stop infringement quickly and make rights commercially valuable from day one. The Supreme Court recently reviewed the liability framework for online platforms, narrowing the scope of safe harbor. This decision will likely reshape digital enforcement, although how it will work in practice is still unfolding.
Brazil has also become the clear leader in Latin America for filings. In 2023, INPI received 27,918 patent applications, with about 73% filed by non-residents. Trademarks are even more active: nearly 400,000 applications were filed that year, placing Brazil among the busiest offices worldwide. For patents, the largest shares come from outside the country, and Asian companies — particularly from China, Japan, and Korea — already rank among the top filers. For trademarks and designs, Brazil’s vibrant consumer market attracts heavy interest in sectors such as e-commerce, technology, and entertainment.
The most interesting developments now lie in areas where the rules are still being defined. Artificial intelligence is at the top of that list. A draft AI law is being debated in Congress, with provisions on transparency for training data, copyright in datasets, and a risk-based framework for classifying AI systems. INPI has also launched a consultation on AI-related inventions, clarifying how these applications should be examined. The draft guidelines make clear that AI inventions are patentable when they solve a technical problem, but abstract algorithms or models alone are not. Applicants must name a human inventor and disclose the invention in sufficient detail for reproduction. This gives technology leaders a rare chance to influence policy in a large emerging market and to secure early protection for AI innovations.
Green energy and infrastructure are also strong opportunities. Brazil already produces more than 80% of its electricity from renewable sources, and investments in solar, wind, data centers, and 5G networks are growing fast. INPI’s “green patent” program accelerates examination of environmentally friendly technologies, helping innovators bring protected solutions to market in a fraction of the normal time.
Life sciences remain a high-stakes field. With the end of automatic patent-term extensions, companies must be more proactive in securing protection. Average examination times for biopharmaceutical patents between 2020 and 2024 were still around 9.5 years, which makes fast-track channels and Patent Prosecution Highway agreements especially valuable. Courts have started to recognize that extreme delays can justify adjustments, but the safest strategy is to prepare robust applications from the outset. The market for biologics and biosimilars continues to expand, and a well-structured IP position is essential.
For companies from Asia, the message is clear: Brazil is no longer a jurisdiction to approach late or with hesitation. It is now a market where IP rights can be secured more quickly, enforced effectively, and leveraged regionally. The key is to plan filings carefully, take advantage of fast-track programs, engage with ongoing policy discussions in areas like AI, and work with experienced local partners who know how to turn rights into results.
