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 step by step 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 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.
What is the step by step process for a patent application in Brazil?
Step by Step process for a patent application in Brazil
Step 1: Search and payment.
It is suggested to perform a search before filing a patent application in Brazil, in order to verify the availability of the Patent.
You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge. Click here to initiate the search
*Important note: The payments of the Patent application fees must be sent to INPI to continue the next step.
Step 2: The Application forms
The forms and documentation may be completed using the Online Portal or Personally at the INPI offices.
A patent can be filed in Brazil as any of the following applications:
a)Paris convention based national entry.
b)PCT national phase based national entry.
The Portuguese translation of the claims and abstract must be submitted upon filing, however, the Portuguese translation of the rest of the application must be submitted within 60 days as from the application filing date.
Step 3: Publication.
Ordinarily publication is done within 6 months as from the national application date. By paying an additional fee, an early publication can also be performed if requested. In Brazil, the examination does not get carried out without publication.
Step 4: 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). 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.
Step 5: Approval or Denial.
Annuities are paid during pendency of the application (from the third year of the application date) and after grant.
Also, you may need to file a trademark in Brazil.
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.
Check out the list of required documents to file a patent in Brazil.
Some Extra Facts
Duration of the registration procedure
It takes an average of between 4-5 years from filing to granting of a patent in Brazil.
Representation by a patent attorney
For foreign patent applicants, it is necessary to perform patent prosecution in Brazil through an attorney or agent registered in Brazil.
Brazil is a member of PCT
Brazil is a member of the Paris Convention
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.
