The delay in granting patents in Brazil has significantly reduced the real time of exclusivity — the period in which the inventor can commercially exploit the innovation —, with a direct impact on legal predictability and the return on investments in scientific research and technological development.
In capital and knowledge-intensive sectors, such as biotechnology, pharmaceuticals and applied science, delays in technical examinations compromise the country’s attractiveness for long-term projects.
Under current legislation, patents are valid for 20 years, counting from the date of filing. When the analysis lasts for several years, this period starts to run before the concession, which in practice reduces the time available for economic exploitation of the invention.
Bottleneck intensifies with increase in deposits
The problem grows in scale as inventive activity grows in the country. Data from (INPI) shows that, between January and May 2025, 1,835 patents were granted, while 6,975 new filings were registered in the same period. The mismatch highlights a structural bottleneck between order entry and analysis capacity.
Until May, national deposits grew 5.8% compared to the same period in 2024, according to INPI. In January 2025 alone, 2,087 requests were filed, a volume identical to that of the first month of the previous year — an indication of stability in the monthly flow, but without proportional progress in concessions.
Deadline in Brazil exceeds international standards
Despite the increase in demand for intellectual protection, the average grant time in Brazil remains above that observed in other economies. In countries such as the United States, members of the European Union and Japan, the exam is usually completed within three to five years. In Brazil, the process often takes more than a decade, especially in areas of greater technical complexity.
Experts point out that the delay is concentrated in the technical examination stage, conducted by INPI, and not in the lack of a legal framework. The sector’s assessment is that delays reduce legal certainty and discourage inventors and companies that depend on predictability to sustain long cycles of research and innovation.
Congress discusses compensation for delays
Given this scenario, a set of proposals are being processed in the National Congress aimed at mitigating the effects of the delay in the concession. Among them are Bill No. 2,210/2022, with Amendment No. 4, and .
The initiatives have the support of the Movement and foresee the adoption of the Patent Term Adjustment (PTA), a mechanism already used internationally, which adjusts the term of validity of patents when the delay in granting is attributable to the State.
For defenders of the measure, without this type of compensation, the inventor is unable to fully enjoy the right to his creation, which weakens the incentive for scientific research and technological innovation.
Strategic agenda for competitiveness
The debate advances at a time of sustained growth in patent filings and the country’s efforts to expand its insertion in global innovation chains. For experts, reducing the concession bottleneck — and mitigating its effects while it persists — has become a strategic agenda, with a direct impact on competitiveness, science and investment attraction.
