INPI launches the Patent Forfeiture Manual

Author Patrícia Rizel

On July 1^st, 2025, the Brazilian Patent and Trademark Office (INPI) promulgated the RPI2843 manual concerning the forfeiture of patents, as stipulated in Articles 80 to 83 of the Law n° 9279/96 (BR IP Law – BR IPL). The purpose of this promulgation was to provide practical and transparent guidance to users, as well as to engender greater legal certainty.

The manual delineates the procedural mechanisms for the initiation of the forfeiture of a patent, the legal stipulations, the relationship between the involved parties, and the criteria for the evaluation of the merits, amongst other subjects.

The forfeiture of the patent is a consequence of the abuse of rights in the exploitation of the patent, as well as the non-use of the protected technologies. This request is made after a period of two (2) years from the granting of the first compulsory licence, provided that the applicant remains inactive or does not make adequate use of the patent rights.

In the context of Brazil, the compulsory license may be requested only after the expiration of three years from the date of patent grant, as outlined in Article 68, paragraph 5, of the Brazilian IP Law (BR IPL). In other words, the forfeiture of the patent must be requested within a period of five (5) years from the grant of the patent.

The forfeiture of exclusive rights is effective from the date of the request, provided that no legitimate reasons are provided for the failure to exploit the rights in question.

For more information, please do not hesitate to contact us at: international@simoes-ip.com