FILING REQUIREMENTS

Time Limits   

12 months from priority – for Patent Application

30 months from earliest priority – for PCT National Phase

Requirements

• Descriptions, claims, abstract of the invention and formal drawings (if the descriptions contains the drawings) to be translated into Portuguese language
• Power of Attorney – within 60 days from filing [No notarization/legalization is necessary];
• Assignment of priority rights (if applicant not the same as priority) – within 60 days from filing
• Certified copies of Priority Documents – within 180 days from filing [for Paris Convention]
• Full name, address and nationality of Applicant and Inventors

PATENT FLOW

Filing: the application with all required documents filed

Formal examination: after lodged of application to check on formal requirements

Publication: 18 months from priority

Substantive examination:  to be filed within 36 months from priority date/filing date or PCT filing date

Request to Expedite Examination (Fast Track):  applicable for the following with additional cost:

• When the Applicant (natural person) is older than 60 (sixty) years old;
• When the patent application is been infringed in Brazil by third parties without the authorization of the Applicant;
• When the grant of the patent is needed to allow financial public loans and/or subventions in order to explore the products/processes related to the patent application in Brazil.

Notice of Substantive Results: Applicant to respond within time limit stipulated by PO – usually 90 days

Grant: issuance fee to pay within 60 days from Notice of Allowance

Annuity: commences 3^rd year after filing

Protection period:

For Patent : 20 years from filing, subject to payment of annual renewals

For Utility: 15 years from filing, subject to payment of annual renewals

Note:

Estimate time to obtain grant for straight forward application approximately3-5 years from filing

-     only an object of practical use may be patentable as utility model [an object of practical use, or part thereof, is patentable as utility model if it is susceptible of industrial application, has a new form or arrangement and involves an inventive act that results in functioning improvement in its use or manufacture]

-     utility model patent application should contain only one independent claim that should define all the characteristics of its form or arrangement that are essential to provide the functional improvement

-     No limitation on number of dependent claims for Utility Application

-     Conversion from patent to utility application or vice versa allowed