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Patent in Brazil

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  • Patent fees

Fees associated with filing patent applications in Brazil as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in Brazil

In Brazil, the term for filing a patent application claiming conventional priority is 12 months from the date of priority. This deadline may be restored by the term of 60 days if legitimate reasons are provided. The chances of successful restoration are minor.

  • Filing requirements in  Brazil

The official language of the Brazilian National Institute of Industrial Property is Portuguese. Claims, title and abstract should be submitted in Portuguese, late filing of the remaining translation is possible within 60 days of the filing date.

To obtain the filing date, it is necessary to provide the Brazilian Patent Office with:
- patent claims, title and abstract in Portuguese;
- information regarding the applicant(s) and the inventor(s).

A certified copy of the Priority Document should be submitted within 60 days from the filing date in Brazil. A digital copy is usually enough for filing, however, the original may be requested by the Office.

A digital copy of a signed Power of Attorney is enough for filing the application. The POA can be submitted within 60 days from filing in Brazil.

If the applicant is not the inventor, it is recommended to file the Inventor's Authorization. It may be submitted after filing the application, official legalisation or notarization is not required.

  • Examination of a Brazilian patent application

Patent applications in Brazil are examined as to compliance with formal and substantive requirements. The request for substantive examination should be filed within 36 months from the Brazilian filing date.

  • Novelty grace period

The novelty grace period is 12 months preceding the filing date in Brazil or priority date (if any) and applied for disclosures resulted from:
- the inventor;
- the publication of the application by the INPI;
- third parties who obtained the information from the inventor or as a consequence of actions taken by them.

  • Grant, validity term and maintenance fees 

The term for payment of the grant fee is 60 days from the issuance of the Notice of Allowance. Patents in Brazil are valid for 20 years from the filing date.

Annual maintenance fees apply to pending patent applications in Brazil and are payable from the third year of the filing date (second anniversary of the filing date). The payment should be effected within the first three months of each year of patent validity. Late payment is possible within six months after the expiration of the first three months, additional fee is charged.

  • Duration of registration procedure

The approximate time from filing up to grant is ten years provided that no Office Actions are issued. However, the Brazilian Patent and Trademark Office is currently in the process of overcoming the backlog. 

  • Utility Model

Inventions may also be protected as utility models in Brazil, which are subject to formal and substantive examinations. Processes, methods, systems or chemistry compositions are not protectable. Maximum protection period of a utility model in Brazil is 15 years from the date of filing. Only a single independent claim is allowed for utility models in Brazil, and there is no limit as to the number of dependent claims.

  • Representation by a patent attorney

For foreign patent applicants, it is necessary to perform patent prosecution through a registered Brazilian patent attorney.

  •  Note

Online Search Database for Brazilian Patents and Utility Models.

Brief summary is based on the information provided by ARIBONI, FABBRI, SCHMIDT & ADVOGADOS ASSOCIADO on 24.01.2024
Please contact us if the above information is not in conformity with Brazilian IP Laws