Brazil is actively shaping its legal framework for artificial intelligence. Below is a summary of current initiatives that may impact the IP landscape.

Patents and AI-generated Inventions – Bill No. 303/2024

Bill No. 303/2024, introduced by Congressman Júnior Mano (PSB/CE), proposes that the patent inventor of AI-generated invention should be the AI system. In addition, Bill No. 303/2024 has been appended with Bill No. 3936/2024, introduced by Congressman Leonardo Gadelha (PODE/PB), who was the rapporteur in the Committee on Science, Technology, and Innovation (CCTI) of the Chamber of Deputies. This proposal intends to modify the original text of Bill No. 303/2024 to define that the patent inventor of an AI-generated invention should be a human being. More drastically, the new proposal aims at establishing a reduced patent term for AI-generated inventions, amending Article 40 of Brazilian IP law (Law No. 9279/1996). The goal is to adjust patent protection periods to the fast-paced innovation cycles in which AI plays a key role. As of October 16, 2024, Leonardo Gadelha left the CCTI, and a new rapporteur has yet to be appointed to continue the bill’s evaluation. The bill must still pass through the CCTI, followed by the Committees on Industry, Commerce, and Services (CICS) and on Constitution, Justice, and Citizenship (CCJC). If approved conclusively by these committees, it will proceed directly to the Senate unless at least 51 deputies request a plenary vote in the Chamber of Deputies. If any committee rejects the proposal, it will also require plenary deliberation before advancing in the legislative process.

Key provisions of the proposal include:

5-year patent term for inventions developed predominantly with AI assistance

3-year patent term for fully autonomous AI-generated inventions

3-year term for utility models developed predominantly with AI assistance

1-year term for fully autonomous AI-generated utility models

If approved, this change could significantly affect patent portfolios, particularly in the IT and life sciences sectors.

BPTO's AI Investment for Patent Acceleration

According to Vice-President Geraldo Alckmin's announcement on March 24, 2025, the Brazilian government will invest R$ 90 million (approx. USD 18M) in 2025 to modernize the Brazilian Patent and Trademark Office (BPTO). The goal is to reduce patent processing time from four years to two (from the filing date) and trademark registration from 18 months to one month (from the filing date in the absence of opposition to the trademark request) by 2026. The investment will also support system upgrades, AI integration, and a staff increase of 120 employees.

On March 27, 2025, the BPTO released its 2024 Management Report, highlighting the progress of its initiatives to implement AI-driven solutions in patent and trademark examination. According to the report, these initiatives have reached a more advanced stage of development over the past year and are expected to be fully operational within the next two years. The report also sets the goal of deciding on a patent application within two years from the filing date.

Although the BPTO consistently asserts its goal of granting a patent within two years from the filing date, we believe this projection is unrealistic, as approximately 70% of patent applications originate from the PCT, and the two-year period falls within the timeframe allowed for entering the national phase (30 mappoonths from the filing date or first priority request of the international application).

AI Governance – Bill No. 2,338/2023

This bill, approved by the Brazilian Senate and under review in the House of Representatives since March 17, 2025, creates the National System for AI Governance (SIA). It aims at promoting innovation with ethical standards, balancing technological progress with privacy and data protection. Recently, the National Confederation of Industry (CNI) included the bill among the legislative priorities for the industrial sector in 2025.

Key provisions of the proposal include:

National AI Regulation System: Establishes a regulatory framework under the National Data Protection Authority (ANPD) to oversee AI in Brazil.

High-Risk AI Systems: Defines High-Risk AI system, including systems with significant impacts on human rights and privacy, like medical diagnostics and infrastructure control.

Copyright: Protects creators' rights, with commercial use of copyrighted works requiring compensation to authors.

Worker Protection: Guarantees human review of AI decisions with legal consequences and protects against biometric discrimination.

Generative AI and General-Purpose Systems: Requires a risk assessment before market release for these systems.

Administrative Sanctions and Civil Liability: Fines up to R$ 50 million, with other sanctions like data processing restrictions. Civil liability is also ensured.

Although Bill No. 2,338/23 does not expressly address AI associated with robotics – understood here as the physical platform capable of performing automated tasks, into which an AI system is integrated to autonomously execute certain functions or make decisions – it does classify as High-Risk AI systems those used, for example, in autonomous vehicles operating in public spaces and in healthcare applications for diagnostics or medical procedures. The Bill also explicitly prohibits the development, implementation, and use of AI systems in autonomous weapons. If enacted, the new law will likely require developers and users of High-Risk AI systems integrated into robotic platforms to comply with the safety demonstration obligations established in the legislation.

Currently, it is awaiting dispatch by the President of the Chamber of Deputies for further processing. Once dispatched, the Bill will be discussed and voted on in the Plenary of the Chamber of Deputies. If approved there, it will return to the Senate for review of any amendments made. Finally, after approval by both houses, the Bill will be sent to the President for approval or veto. If approved, the Bill will become law. Recently, the National Confederation of Industry (CNI) included the Bill among the legislative priorities for the industrial sector in 2025.

Other bills at an early stage of discussion: Bill No. 1833/2024 aims at restricting the use of AI in certain circumstances by amending the Copyright Law. Similarly, Bill No. 2721/2024 seeks to reaffirm that authorship of literary, artistic, or scientific works must be attributed exclusively to a natural person, regardless of AI involvement.

Brazilian AI Plan (PBIA)

The Brazilian AI Plan (PBIA) foresees the purchase of one of the five most powerful supercomputers in the world and an investment of up to R$ 23 billion (approximately USD 4.6 billion) over four years (2024–2028).

Key provisions of the PBIA include:

The allocation of R$ 435.04 million (approximately USD 87.01 million) will be directed toward Immediate Impact Actions, which are designed to deliver quick, measurable results in the field of AI, such as: optimizing services in the Brazilian Public Healthcare System (SUS); leveraging AI for agriculture and livestock; locating plant species of interest in the Amazon biome; improving legal, banking, housing, and software development processes; enhancing education through AI solutions; and improving public service management using AI.

Meanwhile, R$ 22.88 billion (approximately USD 4.58 billion) will be invested in Structural Actions, which are organized into six key pillars that will drive long-term AI development and innovation across various sectors, such as: Infrastructure and AI Development (R$ 5.79 billion, approx. USD 1.16 billion), AI Dissemination, Training, and Capacity Building (R$ 1.15 billion, approx. USD 230 million), AI for Public Service Improvement (R$ 1.76 billion, approx. USD 352 million), AI for Business Innovation (R$ 13.79 billion, approx. USD 2.76 billion) Support for AI Regulatory and Governance Processes (R$ 103.25 million, approx. USD 20.65 million).

Regarding the investment in AI for Business Innovation, we highlight the allocation of R$ 9.1 billion (approximately USD 1.82 billion) to meet the specific needs of the Nova Indústria Brasil program. This federal initiative aims to boost national industry by 2033. One of its key objectives is to increase domestic production's share from 42% to 70% of national demand for medicines, vaccines, medical equipment, and devices, among others.

PBIA was presented to President Lula in July 2024 and involves institutions like the National Institute for Artificial Intelligence and the National Laboratory for Scientific Computing (LNCC), which is a research organization within the Ministry of Science, Technology and Information. A decree to formalize the plan was expected but not issued. The Secretary of Digital Transformation (a Secretariat within the Ministry of Science, Technology and Information), Henrique Miguel, recently announced that the total investment will exceed initial estimates, driven by the inclusion of resources for the construction of new data centers and initiatives by the Judiciary focused on the development of artificial intelligence.

Public Sector AI Guidelines

In February 2025, the government published guidelines for generative AI use in public services, focusing on ethical principles, transparency, and accountability, and forbidding AI-driven decision-making without human validation.

Key provisions of the Public Sector AI Guidelines include:

To be cautious with personal and sensitive information.

To ensure AI-generated content aligns with ethical standards and institutional values.

To consult experts in legal, privacy, and data security when necessary.

To review AI decisions with human oversight, especially for public communication or strategic matters.

To guarantee AI content is inclusive, unbiased, and non-discriminatory.

To be transparent by clearly identifying AI-generated content and taking accountability.

To avoid using institutional credentials for external AI platforms.

To protect sensitive and proprietary data by using only approved AI tools.

To respect intellectual property rights and ensure AI-generated content is original.

The BPTO has already established its own Policy for the Use of AI (Ordinance No. 52/2024), published on December 24, 2024. In addition to the guidelines outlined in the Public Sector AI Guideline, the BPTO enforces specific rules on handling confidential and proprietary data in AI applications, including the prohibition of using its confidential data or any information that infringes intellectual property rights in privately used AI systems. The policy also references two BPTO-affiliated entities: the Digital Governance Committee (CDG), established in March 2022 and updated in December 2024, and the AI Subcommittee, which operates under the CDG's supervision. These entities are expected to evaluate the AI systems the BPTO intends to implement within the next 2 years.

Conclusion

Ongoing legislative activity and public initiatives demonstrate a clear intention to define boundaries and responsibilities, though uncertainty persists. We will monitor further developments closely.