SOME WORDS ABOUT THE WIPO PATENTSCOPE PLATFORM
7 de December de 2021As defined by WIPO – World Intellectual Property Organization – “intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce”.
Intellectual Property is divided into two categories: (i) industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and (ii) copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
Intellectual property protection allows individuals to profit from their innovative or creative activities thereby creating an incentive to innovate and promote technological progress. In this sense, industries such as pharmaceuticals, technology, software, entertainment and so on are extremely dependent on intellectual property protection. For this reason, the protection of intellectual property rights plays an important role in the growth of the world economy.
In Brazil there are several rules and acts to protect and govern intellectual property rights and technology transfer, such as the Industrial Property Act, tax law acts and the internal regulations provided by the Brazilian National Institute of Industrial Property (INPI, also known in English as the BrPTO, as for Brazilian patent and trademark Office). The INPI is the public agency responsible for the registration of trademarks and other intellectual property rights.
1) What is a patent
A patent is an invention developed by an inventor. The Brazilian law divides two types of patents: invention patent and the utility model patent. The invention can be protected by patent rights if it meets 3 requirements: (i) novelty; (ii) inventive action; and (iii) industrial application.
The utility model is an invention of an object of practical use that has an industrial application and has a new shape or arrangements that provides an improvement in its use or fabrication.
2) First step: previous research before the request at the INPI
In order to obtain patent protection in Brazil, one has to file a request at the INPI. However, this should not be the first step for an inventor. It is highly recommended to take a step back and start by doing previous research about similar patents. This important research does not take long and allows the inventor to understand what kind of market it will be facing in Brazil. The inventor may find out, for example, that a similar invention has been filled for protection in the INPI (BrPTO). It might be necessary to try to rest the patent request or to seek court proceedings to annul a decision from the INPI.
In summary, the previous research is an important step to develop a strategy for the protection of the international inventor’s product. Our law firm is highly experienced in this kind of research and scrutinizes the INPI database to provide a thorough report within a couple of days.
3) Registration process
The inventor has to fill the request for the patent protection and provide several documents to prove the fulfillment of the requirements indicated above (#1), such as a descriptive report, drawings and summary of the invention.
This is not a simple gathering of documents. In fact, it is complex initial step – the INPI even provides specific explanations on its website for inexperienced practitioners.
The public agencies in Brazil have been evolving to a digital era quite fast; hence, the patent request can be filed online, which also reduces the fees paid.
Once the requested is filed, the INPI will assess the information and search for the existence of other similar patents. All requests for new patents are published at the INPI’s website. Once the request is published, other companies may present a request (called ‘opposition’) for the dismissal of the request based on unmatched requirements or existence of similar patents. The opposition is not a lawsuit; the INPI analyzes and adjudicates the matter.
The registration of a patent takes around 10 years to be granted. The inventor does not have to wait until the end of the registration process to start using and profiting from its patent.
4) How long does the patent protection last
The patent protects the invention for 20 years and the utility model for 15 years.
5) Further information
If you are considering filing for a patent in Brazil, we also recommend that you check our guide for:
– How to incorporate a company in Brazil
– How to register and protect a trademark in Brazil
– How to transfer technology in Brazil
– How to file a PCT patent in Brazil
