Patent registration in Brazil

The number of patent registration in Brazil in all fields has been increasing with a significant number in recent years. Agriculture is one of the strengths of Brazil – one of the world’s largest agricultural producers, with strengths in products such as soybeans, coffee, sugar, beef and poultry. In order to increase the number of products but still maintain quality, many related patents have been registered such as patents focusing on improving crop yields, developing new plant varieties, and minimizing the environmental impact of agriculture. Brazil has abundant renewable energy resources, especially hydropower, biomass energy, and solar energy. Inventions in the energy sector can focus on developing new renewable energy technologies, improving energy efficiency and reducing greenhouse gas emissions. Currently, other industries in Brazil such as pharmaceuticals and information technology are also on the rise. With a focus on the production of generic drugs and biologics, inventions in the pharmaceutical sector can focus on developing new drugs, improving people’s access to medicines, and reducing healthcare costs. Brazil’s information technology industry is thriving, with a focus on software development, information technology services, and e-commerce. Inventions in the field of information technology can focus on developing new applications and platforms, improving cybersecurity, and promoting digital transformation. However, many people still do not know the procedure for registering a patent in Brazil, Viet An Law would like to guide customers through the article below.

Legal Basis

• Law No. 9.279 of May 14, 1996 (Law on Industrial Property, amended and supplemented to Law No. 14.200 of September 2, 2021)

Overview of Inventions in Brazil

Definition of an invention in Brazil

In Brazil, a patent is a certification issued by the National Institute of Industrial Property (INPI), which gives the owner the exclusive right to prevent third parties from producing, using, selling, or importing patented patents without their consent. This exclusive right has a term, usually 20 years for invention patents and 15 years for industrial design patents, from the date of filing.

Conditions for Granting Patents in Brazil

• Novelty: The invention must not be within the scope of existing technology, meaning it must not be published or disclosed to the public prior to the date of filing the patent application.
• Inventiveness (Not obvious): The invention must not be obvious to a person with expertise in the technical field, based on the technical qualification at the time of filing.
• Industrial Applicability: The invention must have the ability to be manufactured or used in any industry.

Types of patents that can be registered in Brazil

• Invention Patents (PIs): Granted to new products or processes that are inventive.
• Industrial Design Patents (MU): Granted to objects that are new and have the potential for industrial application, are the result of an act of creativity and bring about an improvement in function or form to a known object.

Patent Search in Brazil

INPI official website

e-INPI – this is the official online intellectual property data search platform of the National Institute of Industrial Property (INPI) in Brazil. The system provides a comprehensive database of Brazilian patents and industrial designs. Users can search by patent number, applicant name, inventor name, title, abstract, or IPC (International Patent Classification) code.

Users can access the following link:

https://gru.inpi.gov.br/pePI/servlet/LoginController?action=login

Other databases

• Latipat: This system provides access to patent data from Latin American countries, including Brazil.
• Espacenet: This is the database of the European Patent Office, which also includes patent documents from Brazil.
• Patentscope: This is the global database of the World Intellectual Property Organization (WIPO), which also includes patent documents from Brazil.

Patent registration dossiers in Brazil

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Brazil through the PCT system

What is the PCT System?

The PCT system stands for  Patent  Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Brazil.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in Brazil by Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the patent search in Brazil;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in Brazil on behalf of the patent owner;
• Notifying, advising and handling shortcomings/rejections of competent State agencies (if any) in the process of monitoring patent registration, trademark registration in Brazil;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in Brazil.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a patent application in Brazil, please contact Viet An Law – IP Firm for the most effective support.