HomeIP-GuideBrazil General informationInvention (Paris Convention) Brazil
  • International Country Code:

    BR
  • Time Zone:

    UTC/GMT -03:00
  • Currency:

    Brazilian real (BRL)

Patent in Brazil (non-PCT)

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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

The term for filing a patent application in Brazil claiming 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.

  • Minimum filing requirements in  Brazil

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

  • Language of the Brazilian patent application

The official language of patent registration in Brazil is Portuguese. The application may be filed in any other foreign language; however, the term for submission of the Portuguese translation is 60 days from the filing date.

  • Priority document

The priority document must be submitted within 180 days from the date of filing the Brazilian patent application.

  • Power of Attorney requirements

A signed original of the POA form may be submitted to the Brazil Patent Office within 60 days from the filing date.

  • Assignment Deed

If the applicant of the Brazilian patent application is not the author of the invention, it is advisable to file an Inventor's Authorization. It may be submitted after filing the application, official legalisation or notarization is not required.

  • Substantive examination request

The request for substantive examination must be made within 36 months from the Brazilian filing date.

  • Grace period

The novelty grace period is 12 months preceding the filing date or priority date of the Brazilian application.

  • Grant and maintenance fees

The term for payment of the grant fee is 60 days from the issuance of the Notice of Allowance. The annuities apply to pending patent applications in Brazil and are due on the 3rd year from filing the application.

  • Representation by a patent attorney

For foreigners, it is necessary to perform the patent prosecution through a registered Brazilian patent attorney.

  •  Notes

1. Online Database for Brazilian Patent Search.
2. 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 permitted for Utility Models in Brazil, and there is no limit to the number of dependent claims.

Brief summary is based on the information provided by Dreon IP on 13.02.2019
Please contact us if the above information contains any discrepancies with Brazilian IP Laws

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