Brazil Patent Registration .
Protecting your intellectual property can be time consuming yet it is worth the wait. There are numerous benefits of doing so. It helps in having an edge over your competitors. It also helps to create a feeling of authenticity and provides the proprietor exclusive rights and legal protection.
Let’s take a closer look at the Brazil patent registration procedure.
Brazil Patent Registration Services
Countries around the world support the first-to-file system when it comes to patents and similar is the case with Brazil. Anyone who registers a patent first is the legal proprietor of the invention. That is why it is necessary to secure a patent at the earliest.
To apply for a patent in Brazil, the applicant should submit an application online through Brazil National Institute of Industrial Property (INPI), One can also apply through the PCT system directly through as a local application or either as a national phase entry. Applicants can also use Patent International for a hassle free approach to the Brazil patent registration procedures.
Types of Patents
Types of Patents in Brazil
To obtain a patent, an invention has to be industrially applicable, is novel (completely new) and should possess inventiveness. There are different types of patents in Brazil that includes Invention, Utility Model and Design patents.
- Invention Patent: These Patents are used for procedures, product and technical plan that needs to be improved, it has a longer processing time but stronger patent protection that is for a very long time due to international research and inspection.
- Utility Model: Utility Model Patents (UM) are highly related to invention patents; protects products with new physical attributes in forms or compositions.
- Design Patent: The external features of the invention including the shape, color and pattern of the product. As for the protection, only the appearance of the design is protected, not the technical aspects of the product. The patent mostly includes illustrations and drawings.
How to register a Patent in Brazil?
Proper study and research must be one of the first priorities. This will help you determine the types of patents you should consider for your invention and how to perfect the application by looking at the possible reasons of rejection. If you are new to patent search, it is recommended that you use a professional search service by an attorney to minimize inaccuracies.
Patent Cooperation Treaty (PCT)
Selects Brazil as one of the designated countries. Application PCT can be filed with the European Patent Office (EPO) or through WIPO.
Brazil’s national patent applications must remain in the Portuguese language and only. If the application is submitted in any language other than Portuguese then a translation must be provided within 60 days of filing the application otherwise the application may be rejected. Patent application must include:
- Description, figures/drawings, “claim” and summary
- Patent details; (specifically what the invention is and what it does)
- Drawings (when necessary, for example a design);
- Priority document (if applicable)
The utility model and the outer design patent go through a single introductory assessment of administrative efficiency, whereas patents of invention undertake formal and substantive exams. The applicant must request for a substantive exam within 36 months of the filing date.
If the Brazil patent registration application is examined successfully and there are no objections, the patent rights will be allowed and the application will be published in the Patent Gazette. It is published for 90 days.
If the patent application is examined successfully and there are no objections, the patent rights will be allowed and the application will be published in the Patent Gazette. It is published for 90 days.
If every complaint and claims are answered respectively and the settlements remain in support of the applicant, the patent is granted after the registration fee is paid.
The entire patenting process takes about 2-5 years, but if regularities rise, the duration can increase.
Price of Patents
Patent registration cost in Brazil
Costs may differ based on the complexity of your design. The overall cost of applying for a patent in Brazil ranges from $500 to $1000 but can increase depending on your design and the judicial aspects associated, and if you have taken services of a professional attorney.
Age of Patents
How long does a patent last in Brazil?
The duration for Patent Protection varies according to the type of patent. The details for each patent are mentioned below:
Invention patent: Usually allowed in 3 to 5 years and proven for 20 years from the filing date subject to an annuity payment.
Utility Form: Usually issued within one year and valid for ten years from the filing date (or if priority date is claimed) subject to an annuity charge.
Design Patents: Usually given within one year and valid for ten years of the date of application (or preference data if priority is claimed) with a payment of annuities.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in Brazil doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs. Patent International is here for all of your Brazil patent registration needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!