Brazil Patent Guide
A patent can be registered in Brazil pursuant to the Industrial Property Law, No. 9.279 of May 14, 1996 as amended by Law No. 10.196 of February 14, 2001 which provide for national patent applications.
The following information and documentation is required:
1. a request for the grant of the patent
2. a description of the invention
3. one or more claims and any drawings referred to in the description or any claim
4. applicant’s name, address and nationality
5. Power of Attorney
6. certified copy of priority document (if priority is claimed)
It usually takes between 5-10 years for the President at the National Institute of Industrial Property (INPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete INPI will issue a Certificate of Registration.
Patent Cooperation Treaty
Brazil is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.
Whilst there is no requirement to conduct a search in Brazil prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within two months.
Once a patent application has been filed in Brazil there is an annuity payable to the Brazilian Government each year. The first fee is due within three months of the third anniversary of the application date. Annuities for a PCT issued patent are due on the same dates.
Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.
A grace period of six months, however, is allowed for the late payment of an annuity upon payment of a restoration fee. After that time the patent application shall be deemed to have been withdrawn or the patent will lapse.
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise INPI accordingly. This will avoid us sending out unnecessary Reminder Notices.
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Brazil.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment (notarised and legalised) and a Power of Attorney.
It usually takes between 1-2 years for INPI to process an application to record an assignment. Once the recording is complete INPI will issue a Certificate of Assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Brazil.
To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change (notarised and legalised) and a Power of Attorney.
It usually takes between 1-2 years for INPI to process an application to record a Change of Particulars. Once the recording is complete INPI will issue a Certificate of Recording showing the change.