Patent registration in Brazil – Patenting Products or Inventions.Francesca Mandolini2019-04-19T06:19:50+02:00
To protect in the right way both the new technical solutions and any kind of invention, it is essential to adopt a proper step for the registration of a patent.
In Protectia, official agency of Industrial Property, we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent in Brazil.
Patent registration in Brazil: the process
The administrative authority of industrial property in Brazil, which has, among others, the responsibility to register patents of inventions is the National Institute of Industrial Property (INPI, in Portuguese).
In Brazil, the process for the registration of a patent is characterized by the following steps:
- Filing of the application.
- Formal examination. After the application, the Institute shall undertake a formal review of the documents, proving that the application is clear and correctly presented.
- A report is issued within 9 months: official’s opinion that values the three requirements for patentability and leave the applicant two options: appeal it, or rather rethink everything and present another patent, considering that there is secret until the publication.
- Publication, within 18 months from the date of application.
- Substantive examination. Once achieved the deadline for filing objections, IMPI performs the test about patentability requirements.
- Granting of the patent; once passed the substantive examination, there is a 2 months term for the publication of the granting and the payment of the fees for the issuing of the title. Once granted, the patent still may be appealed administratively within 180 days.
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The average duration for a patent process in Brazil is quite long: it goes from 7 to 12 years, depending on the specifics of the cases, and is valid for a non-extendible period of 20 years. Besides, during the 20 years, annual payments must be done for the maintenance of the patent´s rights.
Why choosing Protectia for the registration of a patent in Brazil?
- Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
- Resources and experience: we have powerful informatics resources along with the expertise of our professional, ideals to advise, develop and manage the protection of inventions in Brazil.
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration.