The Brazilian PTO (BRPTO) released, on July 20, 2023, the report “5G Technology: Patent overview in the World and in Brazil”, with an overview of 5G Standard Essential Patent (SEP) applications. It highlights that the expansion of network infrastructure in the world is an important international agenda, as published by the ITU (International Telecommunications Union). In Brazil, the efforts of infrastructure deployment and improvement were included in the 5G project and increased the importance of the 5G agenda in the country. BRPTO’s report is part of that scenario, and it intends to reinforce the need of moving forward with infrastructure investments in all fronts.
The BRPTO methodology included the data analysis on patent documents available at: (i) ETSI’s telecommunication essential patent database updated in March 2023; (ii) Derwent Innovation’s patent application database; and (iii) BRPTO’s internal patent publication database (BINTEC2).
The report also divides 5G SEP patent applications in two groups: (i) those related specifically to 5G technology (named as “5G ESPECÍFICOS”) and (ii) those used by other technologies but are also necessary for 5G. Since mobile communication system standards are interoperable, many patents related to previous technologies can be identified as essential to the 5G standard (“5G TODOS”).
The analysis of the patents identified as a SEP is relevant for the BRPTO to evaluate its impact on the sector and to identify the patent owners. Most 5G patent applications in Brazil were filed from 2017 onwards. For the group 5G TODOS, it was identified that 7,593 patent applications were filed, while for 5G ESPECÍFICOS there are 3,540 patent applications. Based on these numbers, Brazil has 11% of patent application (non-specific) and 8% (specific) of total 5G patent applications worldwide, according to BRPTO’s analysis.
BRPTO identified similarities in a comparative perspective. It is shown in the report that most of 5G-related applications are filed via PCT. 5G SEP patents are mostly from (i) China (Huawei, ZTE, BBK and Xiaomi); (ii) the United States (Qualcomm); (iii) and South Korea (Samsung and LG). The report also identified that 2,277 patent applications filed via PCT at the international stage, with no equivalents filed in Brazil. These requests are still within 30 months of the earliest priority date for filing the national phase entry.
Regarding 5G patent classifications, H04W 72, H04L 5, H04W 76, H04L 1 and H04B 7 were considered the most recurrent by the BRPTO in its analysis. These classifications are associated with the core group H04W 72, which deal with local resource management. According to the BRPTO, the classification refers to “the way in which the physical resources of the mobile communication channel are assigned to user devices, covering technologies related to the efficient management and optimization of resources in wireless communication networks, including those used in the context of the 5G”.
In the conclusion, the BRPTO highlighted the possibility of replication of the methodology analysis, to perform future updates on the data gathered by the report.
• What changed: BRPTO; effective/dated: July 20, 2023. The Brazilian PTO (BRPTO) released, on July 20, 2023, the report “ 5G Technology: Patent overview in the World and in Brazil ”, with an overview of 5G Standard Essential Patent (SEP) applications.• Executive impact: Implication for executives: reassess life sciences & IP posture, especially decision ownership and evidence standards across Brazil operations. .• Where to go deep: portfolio/prosecution strategy and FTO reviews, data mapping, vendors, and cross‑border transfers. Context: Based on these numbers, Brazil has 11% of patent application (non-specific) and 8% (specific) of total 5G patent applications worldwide, according to BRPTO’s analysis.• Decisions to make: scope and accountable owner, evidence required to defend decisions, escalation thresholds.• Next steps: run a focused gap assessment; update playbooks/policies; and circulate a 1‑page executive memo (options, tradeoffs, timeline, residual risk, owner).
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.
Q: What changed, and why is it not “business as usual”?A: BRPTO reframes expectations in life sciences & IP. The Brazilian PTO (BRPTO) released, on July 20, 2023, the report “ 5G Technology: Patent overview in the World and in Brazil ”, with an overview of 5G Standard Essential Patent (SEP) applications. Timing reference: July 20, 2023. Q: Which parts of the business will feel this first?A: Typically: the operational teams executing the rule (approvals/filings, product/service design, contracting) and the lines that must prove compliance under scrutiny. . Q: What is the main enforcement / dispute risk executives should manage?A: Misalignment between policy and execution plus weak documentation are the usual failure modes. Based on these numbers, Brazil has 11% of patent application (non-specific) and 8% (specific) of total 5G patent applications worldwide, according to BRPTO’s analysis. Set ownership, define evidence standards, and ensure consistency across subsidiaries. Q: What should we do in the next 30–90 days?A: Commission a targeted gap assessment; prioritize high-impact processes; update playbooks and controls; and issue an executive memo with options, costs, timing, and residual risk. Align Legal, Compliance, Operations, and business owners on one plan. Q: How does this affect multinational governance and cross-border consistency?A: Use the update to harmonize group minimum standards with local add-ons (Brazil-specific). Define escalation thresholds and avoid country-by-country divergence that creates inconsistent risk postures and undermines defenses.
