Bill on Patent Term Adjustment Receives Favorable Opinion from a Committee of the Chamber of Deputies
On August 11, 2026, Federal Representative Adriana Ventura (Novo/SP), a member of the Committee on Industry, Trade and Services of the Chamber of Deputies, submitted substitute text and a favorable opinion on Bill No. 5810/2025, which seeks to establish a Patent Term Adjustment (PTA) to provide an additional term of patent protection in cases where the Brazilian Patent and Trademark Office (INPI) takes longer than reasonably expected to examine the application. Unlike the former rule under Article 40, sole paragraph, of Law No. 9,279/1996, the rule proposed in Bill No. 5810/2025 provides for a case-by-case calculation, with a maximum possible extension of five years.
In addition to this term extension, Bill No. 5810/2025 establishes maximum time limits for examination by the INPI, as follows:
- First technical office action: 24 (twenty-four) months after the request for examination of the patent application;
- Subsequent office actions: 6 (six) months after the applicant’s responses;
- Final decision: 60 (sixty) months after the request for examination of the patent application.
The bill must still be voted on by the Committee on Industry, Trade and Services of the Chamber of Deputies. If approved by that Committee, it will be forwarded to the Committee on Constitution and Justice (CCJ), which will review it with final decision-making authority. If approved by the Chamber of Deputies, the bill will still need to be considered by the Federal Senate.
The patent team at Souto Correa Advogados is available to answer any questions you may have regarding this matter.