In Brazil, the term for filing a patent application claiming conventional priority is 12 months from the date of priority.
Documents required to file a Patent in Brazil
The documents that are required to file a patent in Brazil are the following:
- Full name and address of the applicant, whether an individual or corporation.
In the case of natural persons, the following information must be stated in the application form:- ID number of the applicant(s).
- Marital status (if married, it must be indicated whether it is a first marriage or remarriage), complete name, and ID number of the spouse of the applicant(s).
- Full name and address of Inventors.
- Invention Title, Abstract of the Invention, Utility Model or Design.
- Invention, Utility Model, or Design Text Description
- Claims.
- Set of formal drawings.
- Translation of the foreign patent application to the local language if extending the original application.
- Officially certified priority document, including translation if needed, priority number, and country of origin. In PCT cases a priority document is not needed, but a Power of Attorney and an Assignment document with Portuguese translation is required.
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How to file a Patent in Brazil?
The certified priority document can be presented within 180 days after the filing for patents or 90 days for design. 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. Patents in Brazil are valid for 20 years from the filing date.
To obtain the filing date, it is necessary to provide the Brazilian Patent Office with the patent claims, title, and abstract in Portuguese and the information regarding the applicant(s) and the inventor(s). For PCT cases we require a power of attorney within 60 days from the filing date and an assignment document with a Portuguese translation.
The request for the substantive examination should be filed within 36 months (3 years) from the PCT filing date.
*For foreign patent applicants, it is necessary to perform patent prosecution through a registered Brazilian patent attorney.
Do you need help in the process? Follow this step by step guide
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client.
Also, you may want to learn how to file a trademark in Brazil.
Goytia & Associates has local offices in Mexico 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.
