Patent registration in Brazil – Any company that owns a patent and intends to expand its business in the Brazilian market, create long-term value and find investors for their patent or license their future patents should use the Brazilian patent system. It is paramount for businesses to file patent applications in Brazil for inventions, even if the launch of the respective product on the Brazilian market has not yet commenced.
Deadline for filing a patent application in Brazil
In Brazil, the usual time limit for filing a patent application claiming priority is 12 months from the date of priority. This time limit can be restored within 60 days if there is a good reason. The chances of a successful restoration of this deadline are slim.
The official language of the Brazilian National Institute of Industrial Property is Portuguese. Patent applications must be filed in Portuguese, translation of the application may be delayed within 60 days from the date of application.
The following information and documents must be provided in the Brazilian patent application:
- the name and address of the patent applicant and the patent agent;
- patent claims;
- Patent description, patent summary in Portuguese;
- Certified copies of priority documents must be submitted within 60 days of filing in Brazil.
A signed power of attorney can be submitted within 60 days of filing in Brazil.
If the applicant is not an inventor, an Inventor’s License should be filed. This document can be submitted after application, without the need for official legalization or notarization.
Examination of patent applications in Brazil
Patent applications in Brazil will be examined for compliance with the requirements of form and substance. Substantive examination requests must be filed within 36 months of filing in Brazil.
Patent validity and renewal
The deadline for payment of the application fee is 60 days from the date of issuance of the Notice of Application. Patents in Brazil are valid for twenty years from the date of filing. An annual maintenance fee applies to patent applications pending in Brazil and is payable from the third year from the date of filing. Payment must be made within the first three months of each patent year. Late payment is possible within six months after the expiration of the first three-month period, an additional fee will be added to the maintenance fee.
Represented by a patent attorney
International applicants must conduct a patent search in Brazil through a law firm, or an experienced patent attorney.
Please find the list of Brazil IP Firm here.