practice area

Patents

Documents required by INPI-Brazil

  • Power of Attorney of the Applicant(s) (Notarization or legalization not required);
  • Full Name and address of Applicant(s);
  • Full Name, address, nationality and profession of inventor(s);
  • Disclosures (specification, abstract, claims and drawings) translated into Portuguese;
  • Official copy of priority document (if applicable) translated into Portuguese;
  • International publication (WO) for PCT national phase (if applicable and if PCT is already published).

Timeframe for Analysis

On average, the analysis is taken 11 years for patents and 7 years for utility models.

INPI-Brazil offers some priority exam procedures for applications, such as Counterfeit Object Request; PPH – Patent Prosecution Highway; Applicant aged 60 years or older; Applicant with physical or mental disability; Applicant with serious diseases, and others.

VLG Brazil Intellectual Property was the first IP Firm to achieve the granting of a patent through the Green Patents Program; the registration was granted in just 2 years.

We are at your disposal to analyze your clients’ patent applications and verify if they fit into one of the modalities of priority procedures offered by INPI-Brazil.

Validity

  • Patents: 20 years from the filing date
  • Utility models: 15 years from the filing date

 

Note: A patent cannot be valid for less than 10 years and a utility model cannot be valid for less than 7 years, following their granting date, except if INPI-Brazil is prevented from performing the examination (extraordinary situations).

Technical exam

The request of the technical exam is mandatory in Brazil in up to 3 years from the national filing date, or from the international application filing date (if PCT National Phase).

The non-request of the exam results in the abandonment of the patent application

Oppositions against third-party applications

There is no specific deadline for submitting an opposition against a third-party’s patent application.

After the publication of the application and until the end of the examination procedure, it is possible to file information and documents to assist the analyses, demonstrating, for example, lack of novelty and inventive step of such application.

Maintenance fees

The patent maintenance fees are paid annually, starting from the 3rd year from the filing date, or from the international application filing date (if PCT National Phase).

The non-payment of these fees results in the abandonment of the application/extinguishing of the registration of such patent.

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