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ARTICLE · 19 AUGUST 2026

Bill Proposing PTA For BRPTO Delays Advances In Brazilian Congress

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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.

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The proposal seeks to address the regulatory gap created following the Brazilian Supreme Court’s decision in Direct Unconstitutionality Action (ADI) #5,529, which invalidated the former sole paragraph of Article 40 of the Brazilian Patent Statute that had guaranteed a minimum effective patent term after grant. According to the Rapporteur, the new framework is inspired by PTA mechanisms adopted in several jurisdictions, including the United States, and aims to compensate applicants for undue delays occurring during patent examination.

Under the substitute text, a new Article 40-A would be introduced into the Brazilian Patent Statute. The proposal establishes objective time limits for BRPTO actions during examination, including:

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