Brazil’s National Institute of Intellectual Property (“INPI”) initiated a public consultation on new guidance for the review of patent applications related to artificial intelligence (“AI”). The draft guidance document consolidates three previous INPI regulations and best practices adopted by other patent offices.
INPI is requesting responses to nearly 30 questions. They include the definition and scope of AI-related patents, supporting evidence for AI-related patent applications, the nature of AI-based inventions, and non-patentability criteria. The draft excludes the possibility of patenting inventions by autonomous AI systems.
The consultation is open until October 17, 2025.
Why is this important for business?
Brazil’s Congress is debating a new AI legal framework. The Senate approved the draft bill in December 2024, and the House is currently debating it. It is expected that the House will vote on the bill by the end of the year.
Despite the current lack of an AI-specific legal framework, Brazilian federal government agencies such as INPI are already implementing AI-related regulations that impact businesses operating in the country.
The consultation process is an opportunity for interested companies to help shape policymaking at an early stage. Covington’s Public Policy team is ready to support clients interested in submitting comments or suggestions.
If you have any questions concerning the material discussed in this client alert, please contact the following members of our Latin America Public Policy group.
Back
