What is a patent?

It is a privilege granted by the State to an inventor so that he may exclusively exploit his invention for a certain period of time. Therefore, we may describe a patent as a type of award conferred on those who make an intellectual effort for the development of processes or products that demonstrate innovation or technological progress.

Why patent an invention?

Firstly, the Letter Patent ensures the holder exclusive use of the object of the patent for a certain period of time. This exclusiveness allows the inventor to recover the expenses incurred from the research stage to the implementation of the patented object or process.

What kinds of patents are there and what are their requirements?

The Law of Industrial Property stipulates two kinds: the patent of invention and the utility model. A patent of invention may protect any and all processes or products that meet the requirements of novelty or innovation, non-obviousness or inventive activity, and usefulness or industrial application. The invention should be new, meaning that, at the time of its filing, it was not contemplated by the prior art, which consists of all that has become accessible to the public both in Brazil and abroad. To be patented, the invention should present inventive activity; in other words, it may not be derived in any obvious or apparent manner from the prior art, in the view of a technical expert in the subject. Finally, the patent of invention should meet the requirement of usefulness, or have industrial application; i.e., the invention should be able to be used or produced in some kind of industry. The utility model refers to a functional improvement in the use or production of an object or part of it, as long as this improvement is new and is not derived in any ordinary or obvious manner from the prior art.

What may not be patented?

The Industrial Property Law explicitly bars the patentability of discoveries, scientific theories, or mathematical methods; purely abstract concepts; commercial, accounting, financial, educational, advertising, lottery or supervision schemes, plans, principles or methods; literary, architectural, artistic and scientific works or aesthetic creations; computer programs; rules of games; operating or surgical techniques and methods, as well as therapeutic or diagnostic methods; and, finally, the whole or any parts of natural living beings and biological materials found in nature, or taken from it, including the genome or germplasm of any natural living being and its natural biological processes.

What steps are required to file for and obtain a Letter Patent?

Firstly, it is advisable to conduct a worldwide patent search in order to check whether the object of the patent is contemplated by the prior art. Applicants should then file the application, which should include a descriptive report of the prior art, a patent claim, and a summary, in addition to drawings or designs, if applicable, and the fee payment form. Once the application is filed, it will remain confidential for 18 months, unless the holder of the application requests prior publication. Once the BPTO (local acronym INPI) receives a request from the holder or from any interested party, it will proceed with the technical examination of the patent to verify whether the requirements of patentability are met. When the examination is concluded, the patent application will be granted or rejected. If it is granted, the holder will be required to pay the fee for issuance of the Letter Patent.

Is it mandatory to apply for examination of the patent application?

Yes. The Brazilian Law of Industrial Property provides that the patent holder must apply for examination of the patent application within 36 months of the date of filing; otherwise the application will be set aside.

How long does it take for a patent privilege to be granted?

Currently, the BPTO takes around 7 years to grant a patent.

What are the periods of protection provided by the invention patent and the utility model?

According to the law, an invention patent will be in force for 20 years and a utility model for 15 years from the date of filing the application.

Also sees

INTELLECTUAL PROPERTY

TRADEMARK

PATENT

INDUSTRIAL DESIGN

COPYRIGHT