Brazil is taking a decisive step in shaping the future of Artificial Intelligence (AI) patents. The Brazilian Patent and Trademark Office (BRPTO) has just released draft guidelines for examining patent applications involving AI-related inventions and is seeking public input.
What can be patented?
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AI-based inventions that solve a specific technical problem in fields such as healthcare, manufacturing, or logistics.
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Patent claims must clearly show the technical application of the invention.
What is not patentable?
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Abstract AI models or techniques with no technical application.
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Inventions generated solely by AI, with no human inventor.
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Software “as such” or datasets used only for training.
Key requirement: full disclosure
Applicants must provide detailed technical information—such as datasets, algorithms, parameters, or training methods—so that a skilled person can reproduce the invention.
This draft aligns Brazil with international practices while reinforcing the need to identify a natural person as the inventor and proving both technical effect and non-obviousness.
The BRPTO is accepting contributions until October 17, 2025. This consultation is a key opportunity for the industry to influence how AI-driven innovations are protected under Brazilian patent law.
👉 What’s your take on these new frameworks?
