Brasília – Representatives Capitão Alberto Neto (PL-AM), Dr. Zacharias Calil (UNIÃO-GO) and Mersinho Lucena (PP-PB) sponsored Bill 5810/2025, which amends Brazil’s Industrial Property Law to create a mechanism for adjusting patent terms when delays in examination are not attributable to the patent holder. Under the proposal, when a proven delay results from administrative factors beyond the applicant’s control, the National Institute of Industrial Property (INPI) must open an administrative procedure — upon request — to correct the patent’s duration.

The adjustment may extend the term by up to five years, calculated in proportion to the period of delay. Requests must be filed within 60 days from the patent’s grant. INPI will be responsible for regulating the criteria, deadlines and procedures for processing such cases.

Exceptionally, holders of already-granted and still-valid patents whose administrative delays have been subject to prior judicial questioning may also request term adjustment within the same 60-day period. The bill now awaits referral by the House of Representatives’ Board.

Source: NK Consultores

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