How to file a patent in Brazil?

What is a patent in Brazil?

A patent is a temporary ownership of an invention. During the patent’s term, its title owner has the right to exclude third-party actions related to the protected subject such as manufacture, commercialization, use, and others. To protect an invention through patenting means to prevent its unauthorized exploitation by competitors who were not involved in nor bore the invention’s research and development costs.

To be patentable, an invention must meet the requirements of novelty, inventiveness and industrial applicability.

A creation must first be considered an invention. There is no statutory definition of ‘invention’, although the Brazilian Patent Statute does provide a list of what is not an invention.

How to file a patent in Brazil?

The official language to file a patent in Brazil is Portuguese. The application may be filed in any other foreign language; however, its sworn translation into Portuguese should be submitted within ten working days from the date of filing.

Filing a Patent application must contain the following documents: 

1. Full name and address of the applicant, whether an individual or corporation. 
2. Full name and address of Inventors.
3. Invention Title, Abstract of the Invention, Utility Model or Design
4. Invention, Utility Model or Design Text Description
5. Claims
6. Set of formal drawings
7. Translation of the foreign patent application to the local language if extending the original application
8. Official certified priority document, including translation if needed, priority number and country of origin
9. Official search results from the Patent Office where the patent was first filed
10. The Patent filing can also be presented with the information from points 1, 2, and 3 along with a copy of the original foreign patent information, priority information including date and number.

To file a patent in Brazil a certified priority document should be presented within 30 days.

The application may be filed in any other foreign language; however, the term for submission of the Portuguese translation is 60 days from the filing date.

Contact us to initiate the process of filing a patent in Brazil. Click Here.

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 will start the granting procedure. You should be proactive during this phase and be aware of any incidence related to your application in order to rectify any deficiency and answer any official action raised by the INPI.

Filing:  to file a patent in Brazil can be done in the following applications:

• Paris convention based national entry.
• PCT national phase based national entry.

The application may be filed in any other foreign language; however, the term for submission of the Portuguese translation is 60 days from the filing date.

Publication: Ordinarily publication is done within 24 months of priority date. By paying additional fee, an early publication can also be performed if requested. In Brazil, the examination does not get carried out without publication.

Examination: Request for examination has to be made within 36 months from the international filing (PCT’s) or from the national filing date (priority or not).

Prosecution: At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 90 days from the date of issue of the FER.

• Grant: Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.

Duration of the procedure:

• Grant of a patent: 5 years (average)

Grant, validity term and maintenance fees

Patents in Brazil are valid for 20 years from the date of filing. The official grant fee for a patent in Brazil should be paid within 60 days from issuance of the Notice of Allowance. The first annuities should be paid after the patent grant starting from the third year of application date.

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