PATENTS

BRAZIL

GDP: $2.346 BILLION
IMPORTS: $241.4 BILLION
POPULATION: 206.1 MILLION
TOTAL AREA: 8,515,767 Km2
CURRENCY: REAL (R$)
OFFICIAL LANGUAGES: POTUGUESE
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Patent Law in Force:

IP Law 9279/1996

Types of protection available:

Patent of Invention; Utility Model; patent of addition.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

Power of Attorney merely signed (no legalization required) within 60 days from filing.
• Assignment document from the inventors merely signed (no legalization required) within 60 days from filing (180 days if Convention application). Not required under certain circumstances..
• Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

NO. At least, translation into Brazilian of the claims, title and abstract must be submitted upon filing. Late submission of the complete Brazilian translation is acceptable within 60 days from filing date (30 days if Convention application).

Substantive examination must be requested by the applicant:

YES, within 36 months from filing date (international filing date in the case of entry into national phase of PCT).

Search report must be requested by the applicant:

NO

Observations by third parties:

YES. Between publication and completion of the technical examination.

Opposition:

YES. Between publication and completion of the technical examination.

Average time from filing to grant:

10 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

15 years from filing date.

Differences between utility model and patent:

• suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
• Lower threshold for inventive step

Maintenance:

yearly also during prosecution of the application.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.inpi.gov.br/

© 2015 Balder IP Law S.L. Todos los derechos reservados.