Brazil
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Patent Services in Brazil
Considering that Brazilian economy is the third largest in the Americas and that Brazil is a member of the Patent Cooperation Treaty (PCT), which helps applicants to obtain patent protection for their inventions internationally. It is always recommendable to consider applying a patent in this region.
It is important to mention also, that despite the examination period is one of the longest, in 2019, the Brazilian PTO officially introduced its plan to solve Brazil’s patent backlog problem, aiming to reduce the backlog by at least 80% over a period of 2 years. The plan against patent backlog is showing promising results.
In addition, the patent office has very low costs in official fees and at Patentarea we offer highly competitive prices. If you need additional information do not hesitate to contact us!.
Brazil General Information
Invention Patent
(Paris Route or PCT)
Design Patent
Filling Timelines
The time limit for the PCT national phase entry in Brazil is 30 months from the earliest date of priority and 12 months for Direct Paris Route application. This term can be restored within two months from the missed deadline, if legitimate reasons are provided.
The time limit for filing a design is 6 months from the first public disclosure and within 6 months from the earliest date of priority.
Required Documents
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
The examination request must be filed within 3 years from the international filing date for PCT National phases or within 3 years from filing date to Direct applications. It is possible to request accelerated examination under PPH under certain circumstances.
Industrial Design Patent is automatically granted, without examining its novelty and originality. Thus, to be considered valid the contracting of third parties, after the grant, the proponent may perform a novelty examination. If the examination determines that the product is original and new, the registration remains in force, otherwise, the INPI may revoke the registration.
Granting
The official granting fees must be paid within 2 months from the notice of allowance. Maintenance fees must be paid during the pendency of the application.
No granting fee must be paid, once the design has been accepted a certificate of registration will be issued. After granting, there are 2 renewals only, each 5 years period.
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We provide a customized and transparent fee schedule based on the selected countries, ensuring cost-effective and predictable pricing. Once you confirm the terms, we take care of everything, keeping you and your client informed throughout the process.
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Gain full access to all documents, deadlines, and key filings through our advanced online system. We handle everything from submissions to ongoing maintenance, ensuring compliance with local requirements while keeping you updated—at no additional cost.
FAQ’s
How long can it take a Brazilian patent to be issued?
A standard patent application process in Brazil can take between 3 to 5 years from the filing date. However, a PPH requested can be filed to potentially allow the applicant to reduce the examination time. Contact us for additional information.
Can a Brazilian patent application be restored after abandonment?
No, a patent application that has been abandoned, it cannot be revived, however stages allow extension of times in case is needed. For example, the request for examination can be paid within 2 months from the missing deadline, paying late fees.
Why Patentarea.com?
We have a team of patent attorneys and engineers, with years of experience making patent searches, filing patent applications and following up on the patent process in more than 30 countries, which allows us to assure you:
-Competent professionals will perform all the necessary procedures for filing and following up your patent application.
-You will receive timely information regarding updates for the application process.
-If objections or rejections arise in the patent application process, knowledgeable attorneys will advise you on the appropriate course of action.
-All information provided to us will be kept in absolute confidentiality. Before entering any business relationship we electronically sign a confidentiality agreement with you that protects your interests (View our confidentiality agreement).
Who will be in charge of my application?
In countries where services are offered, Patentarea.com relies on teams of recognized and experienced patent attorneys, allowing us to assure a high-quality service.
To learn about the attorney directly in charge of your request select the link “Attorney in charge” located on the toolbar or in the “About Us” section.
