BRAZIL

• INTERNATIONAL TREATIES TO WHICH BRAZIL IS SIGNATORY

  • International Treaties to which Brazil is signatory:

    • Paris Convention for the protection of industrial property
    • Patent Co-operation Treaty – PCT.
    • Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
    • Strasbourg Agreement Concerning the International Patent Classification
• PATENT LEGISLATION IN BRAZIL
  • • Brazil follows the Civil Law system.
    • Patents in Brazil are governed by: Patents Law 1997.  Patents in Brazil may be granted by:
    • Brazilian Industrial Property Organisation – INPI
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN BRAZIL

  • Inventions may relate to products, processes or industrial applications.  Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.

    For an Invention to be patentable, it should contain the following:

    (i).  Novelty:  An invention is considered new or novel if it is not included in the state of the art.  State of the art consists of all the information available and accessible to the public prior to the date of the patent application.

    (ii).   Inventive Step:  An invention is said to contain an inventive step if for ‘a man skilled in the art it does not yield results in an obvious way from the state of the art’.

    (iii).  Industrial Application:  of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’.

• INVENTIONS NOT PATENTABLE IN BRAZIL

  • Inventions pertaining to the following:

    • Scientific Discoveries, Scientific Theories & Mathematical methods.
    •  Aesthetic creations.
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment on humans and animals.
    • Plant or Animal varieties or Bio processes for the production of plants or animals.

    PartityPatents Law Firms through its associates in Brazil is at hand to help you with patent registration and prosecution.  

• FILING REQUIREMENTS OF PATENTS IN BRAZIL

  • (i). Application to be filed.

    (ii). Nationality of the applicant.

    (iii). Name & Address of the applicant.

    (iv). Description of the invention.

    (v). Claims

    (vi). Abstract

    (vii). Drawings

    (viii). Title of the invention , Prior state of the art, & the Technical area of the invention.

    (ix) A Request for grant of patent

    (x) Simple PoA without legalisation and notarisation

• EXAMINATION OF THE PATENT APPLICATION IN BRAZIL
  • • Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects along with formality and substantive requirements.
    • Post filing of the patent application, it is scrutinised for formalities and compliance with all requisites. Any deficiencies found, are to be rectified within a stipulated period of time else, patent application deemed to be abandoned.
    • Applicant to request substantive examination
    • No objections forth coming, application is registered and patent granted.
    • Priority examination of the application may be requested in some instances.
• RIGHTS OF THE PATENTEE IN BRAZIL

  • TERM AND KINDS OF PATENTS GRANTED IN BRAZIL:

    Standard Patents with a term of 20 yrs.

    Utility Models with a term of 15 yrs.

    • Patents confer on its holders and his successors exclusive rights to work the patent.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
    • Patentee may authorise the working of the patent either by a manufacturer or by an importer.
    • Patentee may even assign or license the patent.
• COMPULSORY LICENCES OF PATENTS IN BRAZIL

  • Compulsory Licences may be granted before the end of 3 yrs. from the date of grant of the patent, are to be non-exclusive and sub-licensing is not allowed.

    Compulsory licences may be provided for, when neither the patentee, nor successors barring legitimate reasons:
    a). When abuse of patent rights and economic powers have come to be noticed.
    b). In case of emergencies or national interests occurring.
    c). When the patentee is unable or unwilling to satisfy demands of the market  d). In the instance of dependant patents, wherein the patentee of a patent concerning an improvement of an invention already patented on behalf of another person may not work the invention without the consent of the owner of the earlier patent.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Brazil, can assist you comprehensively with Compulsory Licence matters.       

• PATENTS Cost of Registration in BRAZIL

  • Please write mail for the cost of registration of trademark in patent or European Union to the mail address given below:

    contact@trademarkcopia.com