On May 9, 2025, Brazil’s Ministry of Development, Industry, Trade and Services (MDIC) published Ordinance GM/MDIC No. 110, officially updating the fee schedule for services provided by the National Institute of Industrial Property (INPI). The new fee schedule will take effect on August 7, 2025, with transitional rules and exceptions for certain services.
This is the first comprehensive update since 2012. The new structure introduces not only revised amounts (an average increase of 24.1%) but also structural changes aimed at streamlining procedures. According to Brazilian PTO, the goal is to align with international practices (such as the US and EU), simplify processes, reduce bureaucracy, prevent the loss of rights due to non-payment, and improve financial sustainability.
Trademarks:
Brazilian Patent and Trademark Office has adjusted fee amounts based on an internal cost study of service execution. The main changes for trademarks are:
- The filing fee will increase by 149%. According to Brazilian PTO, the cost of processing and examining applications was underestimated.
- The 10-year validity and certificate issuance fee (previously paid after acceptance) will be eliminated. Brazilian PTO determined that the cost for this service is very low.
These changes will go through a transitional period and will take effect only from September 20, 2025.
Trademark allowance decisions will continue to be published normally after the end of examination. Grant decisions will be published automatically immediately afterward.
CRITICAL INFORMATION:
If the trademark application uses a free-text description of goods/services (i.e., not using the Nice Classification), the filing fee will increase by 96%.
Before vs. After Comparison:
| STAGE | UNTIL 19 SET. 2025 | FROM 20 SET. 2025 |
| Filing fee (Nice Classification) | BRL 355 | BRL 880 |
| Allowance Fee | BRL 745 | BRL 0 |
| Total cost (on-time) | BRL 1.100 (Filing + Accpetance) | BRL 880 (single upfront filing fee) |
There will be a 20% total cost reduction for Nice-classification filings. However, the fee will now be paid fully and upfront, significantly increasing the initial filing amount.
If the application is refused or abandoned, no refund will be issued. The BRL 880 fee will be considered the new filing fee.
Transition Rule:
- Trademark applications allowed up to June 17, 2025 (RPI 2841): still require payment of the second fee.
- Applications granted from June 24, 2025 (RPI 2842) onwards: no second fee is required.
⚠️ Important: Trademark registration (filing + allowance, Nice Classification) is currently costing USD 71 in Brazil until September 19, 2025!
Note: Grant fees will be deactivated on September 20, and no refunds will be issued for fees paid between June 24 and September 19, 2025.
Other Significant Increases (from August 7, 2025):
- Appeal Fee: +47.4%
- Opposition Fee: +46.5%
- Administrative Cancellation Fee: +44.1%
- Renewal in the Grace Period: +24.2%
Patents:
Starting August 7, 2025, several patent-related fees will increase:
- Filing fee: +48.6%
- Examination fee: +47.5%
- Annual fee (during application stage): +35.6%
- Annuities in the grace period: +50%
New Examination Fees (Based on Number of Claims):
- Up to 10 claims: BRL 870
- Claims 11–15: +BRL 140 per claim
- Claims 16–30: +BRL 290 per claim
- From the 31st claim onwards: +BRL 740 per claim
Example: A patent with 31 claims = BRL 6,660 (~USD 1,332)
Note: It is possible to amend the claim set before paying the examination fee.
End of Patent Grant Fee:
From December 20, 2025, the grant fee for patents (inventions, utility models, and certificates of addition) will be eliminated, following the same approach adopted for trademarks.
Before vs. After Comparison:
| STAGE | UNTIL SEP 20, 2025 | FROM SEP 21, 2025 |
| Allowance Fee | BRL 235 | BRL 0 |
| Risk of loss due to non-payment | Yes | No – Patents will be granted, no second payment is required. |
Transition Rule:
- Patents granted up to September 16, 2025 (RPI 2854): require payment of the allowance fee.
- Patents granted from September 23, 2025 (RPI 2855) onwards: will no longer require the allowance fee.
Why monitoring is more important than ever:
The new fee structure brings more simplicity and predictability but also harsher penalties for mistakes:
- Late-stage (grace period) deadlines will cost significantly more.
- Appeals, re-filings, and examinations are becoming more expensive.
- Missed deadlines or filing errors will incur higher costs.
- Trademark and patent grants will still occur in separate procedural steps, requiring continuous attention.
- More IP rights will be granted due to the elimination of allowance fees, making portfolio monitoring even more critical.
- In Brazil, no professional qualification is required to act as an IP representative at Brazilian PTO. Any Brazilian adult resident can file and manage IP rights, regardless of technical or academic background.
Therefore, professional and ongoing IP portfolio management is more important than ever, not just for filing, but for keeping your IP rights active and compliant.
Discounts and Social Inclusion:
Discount policies have been revised:
- Discounts for individuals (both Brazilian and foreign) were reduced from 60% to 50%.
- Full fee exemptions (100% discount) are available for low-income individuals and people with disabilities, subject to verification through Brazilian government databases.
Conclusion:
Brazil’s new IP fee schedule is not just a fee adjustment, it represents a strategic repositioning focused on efficiency, inclusion, and international competitiveness.
For foreign applicants, the message is clear: Brazil is modernizing and offering a more predictable, business-friendly IP environment.
However, these changes also require greater responsibility from applicants (and their legal representatives) in managing deadlines and procedures. Working with a specialized, reliable IP service provider is no longer a convenience, it’s essential to ensure that your rights in Brazil are fully protected and optimized under this new scenario.
Act now to review your current and future filings. Missing key steps may mean lost advantages or extra costs down the line. This is an excellent opportunity to optimize your IP strategy in Brazil.
