Patent Applications in Brazil

Brazil, as one of the signatory countries of the Patent Cooperation Treaty - PCT, is able to grant patents by means of the use of this mechanism. Notwithstanding the existence of the Invention Patents, whose validity lasts for 20 years, the Brazilian system also recognizes the Utility Models for the cases in which the object to be protected has a lower degree of inventiveness, guaranteeing to it exclusive protection for the period of 15 years.

Special mention to the care provided in the Technical Translation of Patent before complementary aspects that also are demanded by the Brazilian Institute of Industrial Property (INPI) in its own Norms and Regulations, mainly relating to the "unpatentable subject matter", in restriction to some aspects allowed for the International Patent Classification (IPC).

With this apparatus, it is allowed the execution and monitoring of these rights in Brazil, providing where necessary:

  • PCT Patent Application or Unionist Priority.
  • Manifestations in administrative proceeding (Oppositions).
  • Previous search and analysis of the availability of registration with Technical OPINION.

Procedures of a patent registration in Brazil

To prepare and filing a patent application in Brazil, for regular applications as well as for PCT National Phase Entrance or by using the Priority Rights, the following documents are required:

  • Disclosures, abstract, claims, and drawings of the patent.
  • Information related to any priority document.
  • Power of attorney duly signed by the owner/applicant(s) of the patent. Legalization is not required.
  • Information related to the owner/applicant(s) and the inventor(s), as address, marital status and profession.
  • International publication for PCT National Phase Entrances.
  • Filing of Application

    Filing of Patent Application in the INPI.

  • Publication of Application in the brazilian INPI maganize

    About 18 months after filing the application.

  • Technical Examination

    Upon payment of the examination request.

  • Decision of the examiner

    36 months after the publication.

  • Allowance of Patent

    Allowance and payment of the registration fee of Patent.

  • Issuance of Registration Certificate

    About 6 months after allowance of the patent.

Validity

A patent registration is valid according to its type:

  • Patent of Invention: 20 years.
  • Utility Model: 15 years.