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:
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:
Filing of Patent Application in the INPI.
About 18 months after filing the application.
Upon payment of the examination request.
36 months after the publication.
Allowance and payment of the registration fee of Patent.
About 6 months after allowance of the patent.
A patent registration is valid according to its type:
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