IP Insights
9 de September de 2025
Brazil – Grace Periods under the Industrial Property Law (Law No. 9,279/96)
| Modality | Grace Period | Legal Basis | Triggering Event | Consequences of Missing the Deadline |
| Patent of Invention | 12 months | Art. 12, LPI | Disclosure made by the inventor or by third parties who obtained the information directly or indirectly from the inventor. | The disclosure becomes prior art; novelty is destroyed; application is rejected. |
| Utility Model | 12 months | Art. 12, LPI | Same rule as patents of invention. | Same consequence: loss of novelty and rejection. |
| Industrial Design | 180 days | Art. 96, §3, LPI | Disclosure made by the creator or third parties who obtained the information directly or indirectly from the creator. | The disclosure becomes prior art; loss of novelty; registration is denied. |
Key Notes for Clients
- Evidence is critical: To benefit from the grace period, applicants must be able to prove the date and source of disclosure (e.g., invoices, catalogues, exhibition records).
- Hague System: For industrial designs filed via the Hague System designating Brazil, the grace period still applies, provided the filing/priority date falls within the 180-day window.
- Risk factor: Reliance on the grace period can be challenged by third parties in administrative or judicial proceedings. Filing before disclosure remains the best practice.
For more details, the English translation of Brazilian IP rules are available at Translations of Brazilian IP Rules | Simões.
If you have any doubts or if you require any further information or clarification, please do not hesitate to contact us at international@simoes-ip.com.
© Simões IP Law Firm – Brazil
