Modernizing Brazil’s Patent Landscape: Strategic Goals and Performance for 2026

During the Brazilian Intellectual Property Association (ABPI) Scientific Meeting on April 14, 2026, the Brazilian PTO, represented by Mr. Diego Musskopf, provided a detailed analysis of the current landscape of the Brazilian patent system. As one of the Coordinators of ABPI’s Patent Committee, I highlight that the BPTO is not merely aiming for administrative improvements, but for a structural revolution.

The main pillar of the "Strategic Plan 2026" is the ambitious goal of reaching an average technical decision timeframe of 3.5 years. Data from the presentation shows a consistent downward trend in pendency, supported by the intensive use of fast-track examination modalities. Currently, fast-track examinations are being decided by the BPTO within an average of 7.5 months from the date of the request. This efficiency is supported by a robust expansion of fast-track mechanisms, which now include specialized categories such as technologies related to the "2027 FIFA Women's World Cup", as well as ongoing programs such as for Green Technologies, Startups, PPH and inventions related to certain diseases.

A significant portion of the discussion focused on the "e-Patents 4.0" project. By September 2026, the BPTO expects to fully implement Artificial Intelligence tools for prior art searches and automated patent classification. This initiative aims to minimize formal errors and allow examiners to focus on the assessment of complex technical matter.

The 2026 agenda also includes important updates to examination guidelines for biotechnology-related inventions, AI-related inventions, divisional applications and the submission of multiple claim sets. For practitioners, these advancements signal a more predictable and agile environment. The emphasis on international cooperation—reinforced through PPH agreements and BRICS partnerships—consolidates Brazil's commitment to aligning its intellectual property framework with global best practices, fostering a more competitive landscape for innovation.

 

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