To file a patent in Brazil, it must be processed in The Brazilian entity of patents is the National Institute of Industrial Property (INPI). This is the official government body responsible for Industrial Property rights in Brazil being a federal autarchy of the Ministry of Industry, Foreign Trade and Services.
Read below to learn about the firt step to process on filing a patent application in Brazil.
Contact us to initiate the process of filing a patent in Brazil. Click Here.
What is a patent in Brazil?
A patent grants temporary ownership of an invention, thereby allowing the holder to prevent others from making, using, or selling it without permission. In this way, patents protect against unauthorized use by competitors who didn’t invest in its development. To be eligible for protection, an invention must be new, inventive, and industrially applicable.
Before receiving protection, a creation must first be considered an invention. Although there is no statutory definition of ‘invention’, the Brazilian Patent Statute provides a list of what does not qualify as one.
What is the step by step process for a patent application in Brazil?
Step 1: Begin with a Search and Payment
First, we recommend conducting a prior art search to determine if your invention qualifies for patent protection. You can contact us to perform this search free of charge—Click here to initiate the search. Then, to proceed, make sure to pay the required application fees to INPI.
Step 2: Prepare and Submit the Application
Next, complete and file the necessary forms online through the INPI portal or in person. You can file the application under the Paris Convention or as a PCT national phase entry. Be sure to submit Portuguese translations of the claims and abstract at filing, and the full translation within 60 days.
Step 3: Application Publication
After submission, INPI usually publishes the application within six months of the national filing date. However, if needed, you may request early publication by paying an additional fee. Keep in mind that the examination won’t begin until publication occurs.
Step 4: Request Examination
Within 36 months from the international or national filing date, you must request examination. INPI will then issue an Examination Report (FER) or Office Action outlining objections or requirements. You’ll have 90 days to respond.
Step 5: Final Decision and Annuity Payments
Finally, if your application meets all requirements, INPI will grant the patent. From the third year after filing, and after approval, you must pay annuity fees to maintain the patent.
Also, you may need to file a trademark in Brazil.
Duration and Validity of a Patent in Brazil
On average, the patent grant process in Brazil takes about 5 years from the filing date.
Grant, Term, and Maintenance
Once the INPI issues the Notice of Allowance, applicants must pay the official grant fee within 60 days. After grant, the patent remains valid for 20 years from the filing date, provided that annuity fees are paid regularly to maintain its enforceability.
Check out the list of required documents to file a patent in Brazil.
Some Extra Facts
Additional Information About Patent Registration in Brazil
Processing Time
Typically, the patent registration process in Brazil takes around 4 to 5 years from the initial filing to final grant. This timeline may vary depending on the complexity of the application and any office actions issued by INPI.
Legal Representation
Moreover, foreign applicants must appoint a patent attorney or agent registered in Brazil to handle the prosecution process. This ensures proper compliance with local regulations and communication with the INPI.
International Treaties
In addition, Brazil is a member of both the Patent Cooperation Treaty (PCT) and the Paris Convention. As a result, applicants can file international patent applications through the PCT or claim priority under the Paris Convention when filing in Brazil.
Goytia & Associates has local offices in Brazil and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a Patent from another country other than in Brazil?
This content may suffer modifications due to updates in the official regulations of Brazil.
