Share on LinkedInShare on LinkedIn

ARTICLE · 02 JULY 2026

BRPTO Opens Consultation On Position Marks

Licks Attorneys
Licks Attorneys
Contributor
Licks Attorneys

Licks Attorneys

Licks Attorneys is one of Brazil’s most respected litigation law firms, having unparalleled...

View firm profile
Explore more from Licks Attorneys

The Brazilian Patent and Trademark Office has launched a public consultation to establish examination criteria for position marks, marking a pivotal development...

BrazilIntellectual Property
Licks Attorneys
Licks Attorneys

On Tuesday, June 9, 2026, the Brazilian Patent and Trademark Office (BRPTO) published, in the BRPTO Official Gazette #2892, Public Consultation #01/2026, with the aim of gathering contributions on examination criteria for the registration of position marks in Brazil.

This initiative represents a significant step toward consolidating administrative practice concerning non-traditional signs.

The full drafts of the normative act and the examination guidelines are available on the BRPTO website and will be open
for comments and/or suggestions for 45 days.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Read more about

Related Comparative Guides

See more popular content from

Article

BRPTO Opens Fast-Track Slots For IPC H04

The Brazilian Patent and Trademark Office has introduced new regulations allowing patent applicants to submit up to three fast-track requests per month for applications classified under IPC H04, marking a shift from the previous single-request limitation. While this change aims to improve access to expedited patent processing, questions remain about whether it adequately addresses the needs of innovation-intensive sectors like telecommunications and information technology that face ongoing challenges
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

BRPTO Begins Transition To The New Patent Directorate And Board Of Appeals Structures

The Brazilian Patent and Trademark Office has restructured its organizational framework, expanding its Patent Directorate from 20 to 26 specialized examination divisions while dissolving eight existing units. These administrative changes, implemented through a series of normative ordinances in 2026, represent a significant reorganization of how patent applications will be processed and managed across different technical areas.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions

Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Bill Proposing PTA For BRPTO Delays Advances In Brazilian Congress

The Brazilian House of Representatives is considering legislation that would introduce a Patent Term Adjustment mechanism to compensate patent holders for administrative delays at the Brazilian Patent and Trademark Office. The proposed framework establishes specific time limits for examination actions and would extend patent terms by one day for each day of unjustified delay attributable to the Office, with a maximum extension of five years.
WorldwideIntellectual Property
Licks Attorneys
Licks Attorneys
Article

BRPTO Announces Collaborative Examination Program With INDECOPI

The Brazilian Patent and Trademark Office (BRPTO) and Peru's INDECOPI have launched a collaborative examination initiative for patent applications in pharmaceuticals, biotechnology, and natural products. This partnership, formalized through a 2025 Bilateral Cooperation Memorandum, will provide expedited technical examination for qualifying PCT applications that entered the national phase between October 2022 and July 2023.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Video

The Patent Enforcement Economy Is Leaving Inventors Behind/ IPWatchdog Unleashed

The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. This examination explores how litigation costs ranging from $12-20 million, combined with delay tactics and limited injunctive relief, have transformed infringement into an economically rational strategy even when patents are strong.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Brazil Appeals Court Holds Pool Licence Offer Meets FRAND Obligation In Panasonic v HMD

The Rio de Janeiro Court of Appeals has issued a landmark ruling in a standard essential patent dispute between Panasonic and HMD, establishing that offering only a pool license can satisfy FRAND obligations under Brazilian law. The decision marks a significant development in Brazil's growing role as a venue for SEP licensing disputes and addresses questions about what constitutes good faith licensing behavior.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Anvisa abrirá processo para regulamentar venda de medicamentos em plataformas

Brazil's health regulatory agency Anvisa has approved the opening of an administrative process to regulate the sale and delivery of medicines through digital marketplaces, aiming to update sanitary rules to reflect the reality of online pharmaceutical retail that has evolved far beyond the outdated 2009 regulations. The decision comes after Law 15.357/2026 authorized pharmacies to contract digital platforms for logistics and delivery services, yet significant legal uncertainties remain about compliance requ
BrazilFood, Drugs, Healthcare, Life Sciences
Licks Attorneys
Licks Attorneys
Article

Reavaliação de agroquímicos e devido processo legal administrativo

A recent decision by Brazil's Federal Regional Court of the 1st Region confirms that the Ministry of Agriculture holds final authority over agrochemical use decisions following environmental assessments by Ibama. This ruling addresses regulatory inconsistencies in the re-evaluation process of active ingredients, particularly regarding imidacloprid, and establishes that uniform treatment must apply to both registered products and new registration requests.
BrazilGovernment, Public Sector
Licks Attorneys
Licks Attorneys
Article

Brazil Holds Public Hearing On Counterfeit And Irregular Products Online

Four Brazilian federal authorities have jointly convened a public hearing to address the sale of counterfeit and irregular products through digital platforms, signaling a shift toward regulatory proposals for the digital marketplace. The hearing will examine critical issues including platform liability, product verification mechanisms, consumer protection, and cooperation frameworks between platforms, regulators, and rights holders.
BrazilConsumer Protection
Licks Attorneys
Licks Attorneys
Article

Statute #15,496/2026 Establishes Fertilizer Industry Development Program (PROFERT)

Brazil's new Statute #15,496/2026 establishes PROFERT, a comprehensive program designed to boost domestic fertilizer production and reduce the country's external dependence on agricultural inputs. The legislation introduces mandatory blending requirements for domestically produced fertilizers starting July 2027 and creates financing mechanisms through BNDES to support qualified producers of fertilizers, bioinputs, and biofertilizers.
BrazilEnvironment
Licks Attorneys
Licks Attorneys
Article

Mercados preditivos e a sina dos modelos de negócios inovadores no Brasil

Regulatory authorities in Brazil have moved to restrict prediction markets before conducting thorough analysis of their nature and potential benefits. This reactive approach follows a familiar pattern in the country, where innovative business models face resistance and are often forced into pre-existing legal categories that don't fit, potentially causing Brazil to miss out on a rapidly growing global market worth billions of dollars.
BrazilGovernment, Public Sector
Licks Attorneys
Licks Attorneys
Article

BRPTO Opens Fast-Track Slots For IPC H04

The Brazilian Patent and Trademark Office has introduced new regulations allowing patent applicants to submit up to three fast-track requests per month for applications classified under IPC H04, marking a shift from the previous single-request limitation. While this change aims to improve access to expedited patent processing, questions remain about whether it adequately addresses the needs of innovation-intensive sectors like telecommunications and information technology that face ongoing challenges
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

BRPTO Begins Transition To The New Patent Directorate And Board Of Appeals Structures

The Brazilian Patent and Trademark Office has restructured its organizational framework, expanding its Patent Directorate from 20 to 26 specialized examination divisions while dissolving eight existing units. These administrative changes, implemented through a series of normative ordinances in 2026, represent a significant reorganization of how patent applications will be processed and managed across different technical areas.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions

Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys