Category: Legal Radar
Brazil’s Patent Landscape: What’s Changing in 2026
Philippe Bhering and Jiuliano Maurer authored the Brazil chapter of Lexology Panoramic: Patents 2026, providing insights into patent law issues in Brazil, including the main recent developments and trends in the country’s patent landscape.
The chapter covers the growth of standard-essential patent (SEP) litigation before Brazilian courts, updates to the BPTO’s Industrial Designs Manual and 2026 Action Plan, the proposed Patent Term Adjustment mechanism, the regulation of alternative claim sets, and Brazil’s accession to the Budapest Treaty.
The publication offers a comparative overview of patent laws and practice across multiple jurisdictions.
Read the full chapter here: https://www.lexology.com/panoramic/workareas/patents
Compensation for Patent Delays: The Next Frontier in Brazilian IP Law
Thiago Ruschi was featured in a Valor Econômico report on the legislative proposals seeking to compensate patent holders for delays in the BPTO’s (INPI) examination.
The article examines the growing debate around bills to introduce a mechanism to adjust patent term in cases of examination delay by the BPTO, a discussion that has drawn attention from companies, industry associations, and IP practitioners across Brazil.
Speaking to Valor, Thiago Ruschi noted that, while Federal Courts have rejected claims for a mechanism to automatically extend patent terms – in a first wave of lawsuits filed right after the Supreme Court’s ruling on ADI 5.529 –, current litigation is shifting toward a case-by-case analysis, of whether patent holders can be compensated for delays attributable exclusively to the BPTO.
Asked about the path forward, he stated that establishing a clear compensation mechanism for the delays that were not caused by the patentee is essential, as it restores fairness to patent holders who have suffered real, measurable harm from the Public Administration’s inefficiency.
Read more (in Portuguese): https://valor.globo.com/legislacao/noticia/2026/07/10/projetos-de-lei-aumentam-prazo-para-patentes-de-medicamentos.ghtml?utm_source=aplicativoValor&utm_medium=aplicativo&utm_campaign=compartilhar
Anti-Counterfeiting and Piracy Department participates in search and seizure operation in Jaú, São Paulo
Our Anti-Counterfeiting team is dedicated to strengthening IP enforcement in Brazil. Recently, we collaborated with the 1st General Investigations Division (DIG) on a successful raid operation in Jaú, in the state of São Paulo.
The operation resulted in the seizure of thousands of counterfeit products, including backpacks, lunch boxes, pencil cases, toiletry bags, keychains, rugs, mouse pads, and cup holders.
Beyond infringing intellectual property rights, counterfeit goods mislead consumers and undermine trust in the marketplace. These products often fail to meet minimum quality and safety standards, creating additional risks for end users.
Our Anti-Counterfeiting and Piracy Department remains actively engaged in supporting law enforcement authorities in the fight against illicit trade, working to safeguard consumers and protect the rights of trademark owners.


