This page will help you with all the information you need to file a pct patent national phase entry application in Brazil.
For entering your international PCT patent application in Brazil, you have 30 months starting from the earliest patent priority you claimed.
In case you have missed this deadline, it is possible to reestablish the application. This reinstatement of rights of the applicant, regulated by rule 49.6 of the PCT agreement, requires the payment of an additional fee. Also, you need to file an explanation and evidence of the reasons to miss the original deadline. You need to submit this request in the following two months. The reinstatement is not automatic, and the Brazilian patent office can deny it.
If you have a specific concern, please contact us.
Yes, you will need the patent documents in Portuguese. At the moment of filing the application, title, abstract and claims should be in Portuguese. Up to 60 days later you must file the translations of the description and other documents. If you fail to comply with this requirement, the patent will be considered abandoned.
As with all patent applications, the best option is to get a human translation made by a patent expert in that particular technical field. Translations can be the most expensive part of the application, but an inadequate translation can become a real problem in the future.
We are experts in patent translations into Portuguese and will be glad to help you with this.
As in most countries, patents are valid in Brazil for a 20 years term from the application, but not less than ten years from granting. In the case of utility models, Brazil gives protection for 15 years.
It is not possible to renew patent rights in Brazil.
1. Name and address of the applicant. 2. Name, address and citizenship of the inventor(s). 3. Invention title, abstract of the Invention, utility model or design. 4. Invention, utility model or design text description. 5. Claims. 6. Priority claims (if any). 7. Set of formal drawings. 8. Translation of the foreign patent application into Portuguese as previoulsy stated. 9. Official filing fee. 10. Power of Attorney.
The Brazilian patent office is not known for its efficiency. The office has a large backlog, and it can take 10 to 15 years to grant a patent.
The good news is that INPI has implemented fast-track programs, Patent Prosecution Highways agreements (PPH), and a pre-examination office actions. These measures offer some critical options to solve problems that may arise before the patent is granted.
Contact us if you are in this situation.
Please keep in mind the following steps during the procedure:
Eighteen months after the application or the oldest priority date, if any, the patent application will be published. For an extra fee, it is possible to request a faster publication if necessary.
Thirty-six months after the application, you need to file a request for examination. Then you can relax and wait for the examination report.
Annuities are regular payments you have to make to the Brazilian patent office to keep the application or the patent alive. Some people refer to annuities as patent renewals fees.
The first payment has to be made starting 24 months after the Patent Filing and from here every year. You have to make the payment during the first three months of each year. It is possible to extend this period up to six months, paying an additional fee.
If you are looking for a database with patent application in Brazil, the best place to start is at the National Institution of the Industrial Property- INPI. They do have an online database in Portuguese that can be very useful if you know what you are looking for. It is not easy to find it on their website but keep looking for “faça a busca” or “busca.”
- Brazil is the largest economy in Latin America and the main destination for patents in the region.
- The Brazilian Patent Office is called the INPI.
- Brazil is part of the Hague Apostille Convention
- Brazil is a contracting state of the Patent Cooperation Treaty (PCT).
- Brazil is a contracting state of the Paris Convention for the Protection of Industrial Property.
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