Berkeley Center for Law & Technology (BCLT)

Brazil Patent Landscape

The UC Berkeley webcast highlighted Brazil’s rapidly evolving patent landscape, emphasizing a dramatic rise in litigation activity and the country’s growing importance for multinational innovators. Over the past decade, standard‑essential patent filings have exploded from a handful to roughly fifty per year, and the pool of patent litigators has expanded from a dozen to over seventy, reflecting Brazil’s shift from a commodity‑focused economy to a diversified, high‑tech consumer market. Key insights include Brazil’s unusually favorable preliminary injunction regime, which grants relief based on likelihood of success and urgency, and a markedly shortened timeline from filing to trial. The nation’s bifurcated court system separates validity and infringement matters, while judges—often lacking technical backgrounds—depend heavily on court‑appointed experts to interpret complex technologies. These procedural nuances, combined with limited discovery, demand strategic evidence management. Illustrative cases underscored the ecosystem’s maturity: Japanese firm IP Bridge secured a preliminary injunction against a major carmaker over 5G patents; a Brazilian tech company filed the first UPC‑style enforcement action against a German competitor; and Johnson & Johnson obtained a permanent injunction in a high‑profile dispute, highlighting the interplay between validity and infringement courts. Additionally, Brazil’s patent office recently issued AI‑focused examination guidelines, aligning its standards with the EPO and signaling readiness for emerging technologies. For businesses, these developments mean Brazil can no longer be ignored. Companies must craft litigation strategies that leverage swift injunctions, engage technical experts early, and monitor evolving AI patent criteria. The market’s growth and procedural distinctiveness present both opportunities for robust patent enforcement and challenges that require localized expertise.