How to file a patent in Brazil?

To file a patent in Brazil, applicants must submit their application to the National Institute of Industrial Property (INPI), the official government body that manages industrial property rights in the country. Operating under the Ministry of Industry, Foreign Trade, and Services, INPI serves as Brazil’s central authority for intellectual property matters. Since joining the Patent Cooperation Treaty (PCT) in 1978, Brazil allows applicants to file national phase applications within 30 months from the earliest priority date.

INPI carries out the following duties:

Registers trademarks
Grants patents in Brazil
Registers technology transfer and franchising contracts
Registers industrial designs
Registers geographical indications
Registers software
Registers topographies of integrated circuits

What is a patent in Brazil?

Filing a patent in Brazil grants temporary ownership of an invention. During the patent’s term, the owner can exclude third parties from manufacturing, commercializing, using, or otherwise exploiting the protected invention. Patenting an invention prevents competitors—who did not participate in or fund its research and development—from unauthorized use.

To qualify for a patent, an invention must meet the requirements of novelty, inventiveness, and industrial applicability.

First, a creation must qualify as an invention. Although the Brazilian Patent Statute does not define ‘invention’ explicitly, it lists what does not qualify as an invention.

The official language for filing a patent in Brazil is Portuguese. You may file the application in any other foreign language, but you must submit a sworn Portuguese translation within ten working days from the filing date.

You must include the following documents when filing a patent application:

Full name and address of the applicant, whether an individual or corporation.
Full name and address of the inventors.
Title and abstract of the invention, utility model, or design.
Text description of the invention, utility model, or design.
Claims.
Set of formal drawings.
Translation of the foreign patent application into Portuguese if you extend the original application.
Official certified priority document, including translation if needed, priority number, and country of origin.
Official search results from the patent office where the patent was first filed.

You may also file the patent application using information from points 1, 2, and 3, along with a copy of the original foreign patent information and priority details (date and number).

You must submit a certified priority document within 30 days when filing a patent in Brazil.

Although you may file the application in any foreign language, you must provide the Portuguese translation within 60 days from the filing date.

Also, you may need to file a trademark in Brazil.

How is the process of a patent in Brazil?

Once you file your patent application, INPI immediately starts the granting procedure. Therefore, you should stay proactive during this phase and closely monitor any issues related to your application so you can promptly correct deficiencies and respond to any official actions raised by INPI.

You can file a patent application in Brazil through the following routes:

Paris Convention-based national entry
PCT national phase-based national entry

Although you may file the application in any foreign language, you must submit the Portuguese translation within 60 days from the filing date.

Typically, INPI publishes the application within 24 months of the priority date. However, by paying an additional fee, you can request early publication. It’s important to note that INPI does not begin examination without publication.

Next, you must request examination within 36 months from the international filing date (for PCT applications) or from the national filing date.

During prosecution, INPI will issue an Examination Report (FER) or Office Action listing objections or requirements. You must respond within 90 days of the FER’s issue date.

Finally, you must pay annuities starting from the third year after the patent grant. In conclusion, the patent protects your invention for 20 years from the international filing date.

Some Extra Facts

Duration of the procedure:

On average, the grant of a patent takes about 5 years.

Grant, validity term, and maintenance fees

Patents in Brazil remain valid for 20 years from the date of filing. After INPI issues the Notice of Allowance, you must pay the official grant fee within 60 days. Additionally, you should start paying the first annuities after the patent grant, beginning with the third year from the application date.

Check out the list of required documents to file a patent in Brazil.

Do you need to file a Patent from another country other than Brazil?

This content may suffer modifications due to updates in the official regulations of Brazil.