In December 2025, The Brazilian Patent Office started to implement an institutional reform through Decree #12,803/2025, complemented by Ordinance #43/2025. Together, these measures formally reorganize the internal governance, technical structure, and regional presence of the BRPTO.
With the new rules, the BRPTO formally becomes part of the Ministry of Development, Industry, Trade and Services (Ministério do Desenvolvimento, Indústria, Comércio e Serviços) which focuses on economic growth, industrial policy, and trade. Under the previous administration, the BRPTO was assigned to the Ministry of Economy. This change looks subtle but could have a long-term impact.
While these instruments do not amend Brazil’s IP Statute or alter connections with international treaties such as the PCT or TRIPS, their relevance extends beyond domestic administration. Institutional capacity, governance quality, and technical specialization are increasingly decisive factors for global IP strategy.
A central objective of the reform is the strengthening of the BRPTO’s technical and managerial capacity. The new structure expands internal divisions, particularly within the patent management, while introducing specialized technical advisory roles and reinforcing intermediate decision-making layers.
Importantly, these measures should not be interpreted as a guarantee of faster examination timelines. Instead, their primary impact lies in the quality and coherence of technical analysis, including more uniform treatment of complex legal and technical issues, as well as more structured handling of administrative proceedings, such as nullity proceedings.
From a global standpoint, this shift is highly relevant. Patent offices tasked with examining increasingly complex technologies such as telecommunications, software-related inventions, artificial intelligence, life sciences, and advanced manufacturing, require not only sufficient staffing, but also internal specialization and technical depth. By reallocating and upgrading functions, the BRPTO is positioning itself to deliver more technically consistent and well-grounded examinations.
This evolution suggests a gradual reduction in examination time and variability, and a greater emphasis on technical reasoning, particularly in sophisticated technological fields.
Beyond internal efficiency, the reform directly affects how Brazil is perceived as a jurisdiction for intellectual property protection. Investors and rights holders assess not only the substantive law of a country, but also the reliability and institutional maturity of its administrative bodies.
A patent office with clearer governance, stronger internal coordination, and reinforced technical oversight enhances legal predictability even without changes to statutory law. In this sense, the BRPTO’s reform contributes to improving Brazil’s institutional credibility, reducing perceived regulatory risk and reinforcing confidence in administrative outcomes.
For foreign companies considering market entry, a more robust patent authority functions as an important signal of institutional stability.
The institutional reform does not stand alone. It forms part of a broader modernization cycle at the BRPTO, which includes adjustments to priority examination programs, staffing reinforcement initiatives, digitalization efforts, and the refinement of internal governance tools.
Viewed collectively, these developments indicate that the Brazilian patent system is moving away from purely quantitative approaches to backlog management and toward a model that emphasizes sustainable quality, technical specialization, and institutional resilience.
From a strategic perspective, the reform strengthens Brazil’s role as a jurisdiction that warrants proactive and integrated IP planning. As examination practices become more consistent and governance structures more mature, Brazil is less likely to be treated merely as a defensive filing destination and more as a jurisdiction of substantive strategic value.
This has implications for:
Thus, a "stronger" BRPTO enhances the rationale for integrating Brazil more closely into global IP decision-making processes.
The late 2025 reform of Brazil’s patent office marks a meaningful step toward reinforcing institutional governance, technical specialization, and administrative coherence. The significance of this reform lies in its indirect — but tangible — impact on predictability, technical quality, and institutional credibility. As global innovation strategies increasingly depend on the reliability of national IP systems, institutional strength itself becomes a competitive asset.
BRPTO is now formally integrated into the Ministry of Development, Industry, Trade and Services.
The reform focuses on strengthening technical advisory roles and internal governance structure.
Primary goals are quality and coherence of technical analysis rather than just speed.
Enhanced institutional maturity aims to reduce regulatory risk for foreign investors.
The changes position Brazil as a jurisdiction of substantive strategic value for global IP portfolios.
This section gives quick answers to the most common questions about this insight. What changed, why it matters, and the practical next steps. If your situation needs tailored advice, contact the RNA Law team.
Q1: What are the main legal instruments driving the BRPTO reform?
A1: The reform is implemented through Decree #12,803/2025 and Ordinance #43/2025, which reorganize internal governance and technical structure.
Q2: How does the reform affect the BRPTO's position within the government?
A2: The BRPTO now formally becomes part of the Ministry of Development, Industry, Trade and Services (MDIC), shifting from the Ministry of Economy.
Q3: Will the reform result in faster patent examinations?
A3: The reform focuses on the quality and coherence of technical analysis rather than providing a guarantee of faster timelines.
Q4: Does the reform change Brazil's Intellectual Property Statute?
A4: No, the reform reorganizes domestic administration and governance without amending the IP Statute or international treaties like PCT or TRIPS.
