Decline in Patent Filings in Brazil: Impact on Innovation and the Market

By Ana Claudia Mamede Carneiro and Monique Rodrigues Teixeira, partners at Dannemann Siemsen

Patent protection is one of the most relevant instruments of innovation policy, serving as an incentive for research, technology transfer, and corporate competitiveness. In the international context, patent systems worldwide have shown steady growth in filings year after year. Data from the World Intellectual Property Organization (WIPO) indicate that in 2023, approximately 3.55 million patent applications were filed globally, reflecting a consistent and significant growth across several strategic markets, with the long-term trend pointing to an increase in filings. In terms of international applications, figures under the PCT system (WIPO Statistics) also point to either growth or, at a minimum, the maintenance of historically high filing levels.

However, Brazil has not followed this path. According to the Brazilian Patent and Trademark Office (BPTO), the total number of patent filings in 2024, from both resident and non-resident applicants, was 27,701 applications, representing a 0.8% decrease compared to 2023. This significant decline is particularly concerning when analyzing resident filings in comparison to non-resident filings —historically responsible for the majority of protections in the country—which dropped from 20,396 in 2023 to 19,322 in 2024. Meanwhile, between 2013 and 2023, global patent filings increased from 2.56 million to 3.55 million (see source above), whereas in Brazil the opposite trend occurred, with filings decreasing from over 34,000 to 27,700.

This contrast between global growth and Brazil’s decline reflects a strategic misalignment by applicants who appear to be abandoning temporary exclusivity in a continental-sized market such as Brazil.

Statistics and Trends

While WIPO reports record-high levels of global patent activity and sectoral growth in strategic technologies, Brazil has shown fluctuations and, in some periods, stagnation or decline, especially when compared with the performance of major patent offices in other jurisdictions. This asymmetry highlights a gap: while global patenting activity rises, Brazil has not mirrored this trajectory in proportion to its market relevance.

National data (BPTO):

-2022: ~27,139 patent applications

-2023: 27,918 patent applications (+2.9%)

-2024: 27,701 patent applications (–0.8%)

Global trend (WIPO)

Unlike the Brazilian scenario, global patent statistics reveal consistent growth: in 2023, approximately 3.55 million patent applications were filed worldwide, an annual increase of about 2.7% (WIPO — World Intellectual Property Indicators). This growth is driven by significant increases in jurisdictions such as China, India, the United States, Japan, Korea, and Europe, as well as by dynamic activity in emerging technology fields (e.g., artificial intelligence).

Legal and Economic Consequences of Declining Filings in Brazil:

• Loss of exclusive rights. Patent protection is territorial: if an applicant fails to file in Brazil (either through the entry into national phase of a PCT application or via a direct non-PCT filing) within the statutory time limits, the ability to prevent third parties from reproducing, using, offering for sale, selling, or importing the invention in Brazilian territory is lost. Article 42 of the Brazilian Industrial Property Law (Law No. 9,279/1996) ensures that patent holders may prevent unauthorized commercial exploitation. Failure to file in Brazil results in the automatic forfeiture of this right, leaving the invention open to free exploitation by unauthorized third parties. Not filing in Brazil entails the practical risk of losing territorial exclusivity, the inability to recover the investment made in the corresponding research and development, and the risk that third parties may appropriate the corresponding technology and the market.

• Erosion of the incentive to innovate. Patents not only secure exclusivity of exploitation for a defined term but also provide compensation for investments in Research & Development (R&D). Without patent protection in Brazil, there is no legal mechanism to justify R&D investment, reducing incentives for further research and undermining potential technological collaborations within the country. Patenting is one of the pillars of R&D and innovation efforts — declines or stagnation in filings may therefore serve as an early indicator of weakened innovation incentives.

Brazil remains a strategic market for industries such as pharmaceuticals, agribusiness, telecommunications, and energy. Despite statistical reductions, Brazil continues to serve as a regional hub and key market in Latin America due to its:

-Market size: over 200 million consumers and a substantial share of Latin America’s gross domestic product (GDP).

-Strategic sectors: expansion in renewable energy, biotechnology, and electric mobility, where patent protection constitutes a competitive advantage for market entry.

-Strengthened patent system: BPTO has advanced in digitalization, fast-track examination mechanisms, and participation in international agreements such as the Patent Prosecution Highway (PPH), which accelerates examination based on the prosecution/decision of foreign patent offices. Moreover, the Brazilian Judiciary has demonstrated favorable position on enforcement of industrial property rights.

Conclusion

Although international statistics demonstrate sustained growth in patent activity, this trend has not yet been currently mirrored in Brazil. While global economic challenges may explain this behavior, it is crucial to highlight that filing a patent application in Brazil represents a unique opportunity to consolidate a presence in the largest market in Latin America, strengthen licensing negotiations, attract investors and partners, and create barriers to entry for competitors—competitive advantages that should not be overlooked as it consolidates a strategic competitive position in a relevant market.

Furthermore, Brazil has a modern and robust Industrial Property Law (Law No. 9,279/1996), fully aligned with international treaties, as well as a Judiciary increasingly specialized in Intellectual Property, including patent disputes. This institutional framework ensures that Brazil not only protects the rights of patent holders but also offers a solid and reliable environment for applicants seeking protection in this jurisdiction.