Guide for Brazilian Patent Application Process

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Brazil Profile

Brazil is the largest country in South and Latin America. In terms of land area and population density, it is the fifth largest country in the world. Brazil is the world's largest and the only Portuguese-speaking country in the Americas. Brazil borders the Atlantic Ocean to the east and has a coastline of 7,491 kRead more

Brazil Profile

Brazil is the largest country in South and Latin America. In terms of land area and population density, it is the fifth largest country in the world. Brazil is the world's largest and the only Portuguese-speaking country in the Americas. Brazil borders the Atlantic Ocean to the east and has a coastline of 7,491 kilometers (4,655 miles). It is bordered by Venezuela, Guyana, Suriname and French Guiana to the north; Colombia to the northwest; Bolivia and Peru to the west; Argentina and Paraguay to the southwest and Uruguay to the south.

Brazilian Intellectual Property Legal System

  • "Industrial Property Law"

International Organizations and International Agreements

  • Brussels Satellite Convention
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • Patent Law Treaty
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • "Patent Cooperation Treaty" PCT
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • The Strasbourg Agreement on the International Patent Classification
  • "Convention Establishing the World Intellectual Property Organization"
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Berne Convention for the Protection of Literary and Artistic Works
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Paris Convention for the Protection of Industrial Property
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Filing Language
Portuguese

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Brazilian National Institute of Industrial Property

English: Instituto Nacional da Propriedade Industrial, abbreviation: INPI

Website: www.inpi.gov.br

Brazilian Invention Patent Search: INPI

  • After January 2012, Brazil's patent application number encoding method was reset according to the latest ST. Check code" method is no longer used. (Old numbers like: "PI 0101161-8" "MU 6900960-0" "MI 5500233 - 1"). At present, the encoding method of patent application number adopted by Brazil is the same as that of most other countries in the world, namely:
    • [BR] + [12-digit patent application serial number] + [inspection code]

Filing Language: Portuguese

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Portuguese Translation
  3. Viability Statement of Microorganism and Portuguese Translation
  4. Power of Attorney
  5. Scanned Copy of Certified Priority Document / DAS
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer 
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Portuguese Translation
  6. Viability Statement of Microorganism and Portuguese Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

INPI conducts formality and substantive examinations for invention patent applications. The applicant or relevant interested party shall file a request for substantive examination within 36 months from the filing date. The time limit for responding to the Office Action Notice is 90 days from the date of issuance of the notification and the examiner will generally request supporting documents for examination, including: reasons for refusal, search reports, and examination results of corresponding applications in other countries; relevant documents that are helpful for examination; a brief translation for priority documents etc. If the applicant fails to submit the documents by the deadline or the submitted documents do not meet the requirements, the application will be seemed to be withdrawn. In order to deal with the backlog of patent application cases, INPI launched a number of measures to speed up the examination process, one of which is to issue a "Preliminary Examination Opinion". INPI requires the applicant to amend the Claim so as to conformity with the granted claim made by other countries. (The application granted by EPO and USPTO will be considered first). Preliminary Examination Opinion will be issued automatically around 12 months from the date of request for examination, greatly speeding up the examination process.

The application will not lose novelty if the design information is disclosed within 180 days before the Brazilian filing date or priority date (if any) for the following reasons:

  • Disclosed by the inventor.
  • Applications published by INPI.
  • Obtaining information from the inventor by a third party or disclosure resulting therefrom.

10 years

  • Grant fee: The applicant shall pay the granted fee within 60 days from the date of receiving the granted notice.
  • Annuity: The annual fee shall be paid year by year from the 2nd year from the filing date. The applicant shall pay the annuity within 3 months before the due date. If overdue, it may be paid within 6 months grace period after the due date and penalty will be paid at the same time. 

Reinstatement of the right of priority on the grounds of “unintentional” is accepted as PCT receiving Office.

No

Yes. The type of invention can be changed from Invention to Utility Model at any time before the patent is granted.

Name of Patent Office

Brazilian National Institute of Industrial Property

English: Instituto Nacional da Propriedade Industrial, abbreviation: INPI

Website: www.inpi.gov.br

Brazil Utility Model Patent Search: INPI

  • After January 2012, Brazil's patent application number encoding method was reset according to the latest ST. Check code" method is no longer used. (Old numbers like: "PI 0101161-8" "MU 6900960-0" "MI 5500233 - 1"). At present, the encoding method of patent application number adopted by Brazil is the same as that of most other countries in the world, namely:
    • [BR] + [12-digit patent application serial number] + [inspection code]

Filing Language: Portuguese

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Scanned Copy of Certified Priority Document / DAS
  3. Declaration of Ownership/Certification of Employment/Assignment of priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review

 

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of priority
  6. Assignment for Patent Right Transfer

15 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

INPI conducts formality and substantive examinations of invention patent applications. Processes, methods, systems or chemical compositions are not protected by Brazil Patent Law. Only one independent claim is permitted and there is no limit to the number of dependent Claim.

The application will not lose novelty if the design information is disclosed within 180 days of the Brazilian filing/priority date for the following reasons:

  • Disclosed by the inventor.
  • Applications published by INPI.
  • Obtaining information from the inventor by a third party or disclosure resulting therefrom.

  • Grant fee: The applicant shall pay the granted fee within 60 days from the date of receiving the granted notice.
  • Annuity: The annual fee shall be paid year by year from the 2nd year from the filing date. The applicant shall pay the annuity within 3 months before the due date. If overdue, it may be paid within 6 months grace period after the due date and penalty will be paid at the same time. 

2-3 years

Reinstatement of the right of priority on the grounds of “unintentional” is accepted as PCT receiving Office.

Yes. The type of invention can be converted from Utility Model to Invention at any time before the patent is granted.

No

Name of Patent Office

Brazilian National Institute of Industrial Property

English: Instituto Nacional da Propriedade Industrial, abbreviation: INPI

Website: www.inpi.gov.br

Brazilian appearance patent search: INPI

  • After January 2012, Brazil's patent application number encoding method was reset according to the latest ST. Check code" method is no longer used. (Old numbers like: "PI 0101161-8" "MU 6900960-0" "MI 5500233 - 1"). At present, the encoding method of patent application number adopted by Brazil is the same as that of most other countries in the world, namely:
    • [BR] + [12-digit patent application serial number] + [inspection code]

Filing Language: Portuguese

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Power of Attorney
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

10 years, with an initial protection period of 5 years, which can be renewed for 3 time of 5-year periods, up to a maximum of 25 years.

via Paris Convention : 6 months from earliest priority date.

INPI only conducts formality examination for design applications.

The application will not lose novelty if the design information is disclosed within 180 days of the Brazilian filing/priority date for the following reasons:

  • Applications published by INPI.
  • Obtaining information from the inventor by a third party or disclosure resulting therefrom.

  • Licensing Fee: None.
  • Annuity: Annuity should be paid every 5 years. If overdue, annuity can be paid within 180 days after the expiration of the period and penalty will be paid.

1-2 years

No

No

No

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