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patents-brazil 2018-04-04T15:28:21+00:00

A patent is a set of exclusive property rights granted for an invention, which is a product, technique or process with transformative novel features that provides a new way of doing something or a new solution to an issue. To get a patent, you need to file a patent application and provide technical information about the invention.

  • It excludes others from making, using, distributing, importing or selling the invention without the patent owner’s consent. As a result, patent owners may get higher profit margins for their idea.
  • Competitors may consider the risks of patent infringement before contemplating entering the market for the patented product or service, which would reduce competition.
  • It increases the value of your business, since potential purchasers of your business would considered the patent as a valuable asset.
  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.
  9. Official filing fee.
  10. Power of Attorney.
  1. Patent Search.
  2. Application.
  3. Formal examination.
  4. Report issuance.
  5. Publication.
  6. Substantive examination.
  7. Granting of the patent.

Patent protection in Brazil currently lasts 20 years from the application date, non-extendable. Utility models have a legal life of 15 years.

The approximate time from application to granting (for a prosecution without an opposition) is five years

  • All documents must be translated into Portuguese.
  • All signed documents must be apostilled.
  • 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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