In order to maintain a patent application and any granted patent thereafter, a renewal fee must be paid to the Instituto Nacional da Propriedade Industrial (INPI) on an annual basis. The first renewal fee of a patent application is due on the second anniversary of the filing date irrespective of the grant of the patent. The payment window opens for the first three months from the renewal date of each annual period. You can settle the renewal fees anytime within these three months.
For example, if the filing date of a patent is 2013-09-18, you will only have to settle the first renewal fee on the second anniversary (Year 3) of the patent’s filing date on 2015-09-18. The payment window will open from 2015-09-18 until 2015-12-18, and you will have to settle the renewal fees during the three months period.
In Brazil, there are other types of intellectual property apart from patents. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Designs in Brazil
A design right in Brazil is valid for 25 years from the filing date. Initially, a design right is registered for 10 years on payment of a fee (known as the second quinquennium fee) starting from the fifth year of the filing date. In order to maintain the protection beyond the initial 10 year period, one will have to pay renewal fees for three more successive five-year renewal periods.
Intellectual Property Type #2 - Utility Models in Brazil
A utility model right in Brazil is valid for 15 years from the filing date. The first renewal fee of a utility model application is due on the second anniversary (third year) of the filing date irrespective of the grant of the application.The payment window is open for the first three months from the renewal date of each annual period.Initially, a utility model is protected for 5 years. In order to maintain the protection beyond the initial 5 year period, one will have to pay renewal fees at the beginning of the 6th year in order to extend the protection term of a further 5 years. The renewal fees of a utility model right are thus, due on the third, sixth and the tenth year.
Starting from the 2nd anniversary (Year 3) of the filing date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.
The first renewal of a patent is due on the second anniversary of the patent’s filing date.
For example, if the filing date of a patent is 2013-09-18, you will only have to settle the first renewal fee on the second anniversary (Year 3) of the patent’s filing date on 2015-09-18. The payment window will open from 2015-09-18 until 2015-12-18, and you will have to settle the renewal fees during the three months period. The next annuity will be due renewal on 2016-09-18 and so on.
Prior to a patent being granted in Brazil, it falls into what is known as the filing stage. A patent in Brazil is typically granted between two to three years from the filing date. You will have to pay renewal fees in Brazil irrespective of whether the patent is granted or not.
The payment window opens three months before the renewal fees are due. No renewal fees can be settled prior to this window opening.
There is a 6-month grace period given after the expiration of the three-month payment window, whereby the renewal fees can still be settled. When entering this grace period, you will incur a penalty fee in addition to that of the initial annual fee for the corresponding year. For pending patent applications, the penalty fee for late payment is 295 BRL. For granted patents, the penalty fee for late payment is 785.00 BRL from 3rd to 6th year, 1,220.00 BRL from 7th to 10th year, 1,650.00 BRL from 1tth to 15th year and 2,000.00 BRL from 16th year onward. Failure to settle this fee during the grace period will lead to the patent being expired.
You can either appoint a registered patent agent with the Instituto Nacional da Propriedade Industrial (INPI). Alternatively, one can also send renewal fees if one has a residential address in Brazil.The fees can be paid online through its online payment system.
In order to maintain a patent in Brazil, renewal fees need to be settled annually with the INPI. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. If you want to maintain the patent, the renewal fees are mandatory, if not paid the patent will lapse.
