Brazil

Types of protection

Invention Patent: An invention patent is granted for inventions that are novel, inventive and capable of an industrial application. Applications must be submitted in Portuguese and those claiming priority must be filed within 12 months of the earliest filing in a Paris Convention country. In Brazil, international applications must be filed within 30 months of the international filing or priority date. Terms for patents of invention are granted for a nonextendable term of 20 years from the filing date.

Utility Model Patent: A utility model is often referred to as ‘minor patent’ and has fewer restrictions than a patent of invention. A utility model must have a practical use of object, or part thereof, be susceptible of industrial application, present a new shape or arrangement and involve an inventive act that results in functional improvement in its use or manufacture. It is valid 15 years from the date of filing.

Adding Certificate Invention: This is for an improvement and development introduced in the object of the invention, even if devoid of inventive step, but still within the same inventive concept. The Certificate will be accessory to the patent and have the the same end of validity date.1

Convention and treaty membership

Brazil became a member of the Patent Cooperation Treaty in September 1978, and is a signatory of numerous treaties and conventions including, but not limited to the following:

  • Paris Convention
  • World Intellectual Property Organization (WIPO)
  • International Convention for the Protection of New Varieties of Plants2

International, National and Regional applications

For information regarding how to file international, regional or national patent applications in each country, we welcome you to contact us.

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1 http://ip-science.thomsonreuters.com/m/pdfs/dwpicovkinds/brazil.pdf

2 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/456358/IP_Guide_Brazil.pdf