PATENT FILING IN BRAZIL

Brazil does not want to be a mere exporter of commodities; rather it wants to be a stage for cutting-edge innovation and aims to empower its domestic industry. Brazil wants to innovate to compete. For this, the Brazilian government has taken numerous steps to promote patent filings.

Efforts to decrease the time period for application approval have brought the time frames closer to those of developed economies, making Brazil more favorable for filing both domestic and foreign patents. One important action in recent years is the advancement of the country’s Information Technology (IT) systems.

Due to increased patent filings, an excessive backlog has accumulated, resulting in waiting times for patent grants exceeding ten years. In such situations, it is advisable to file a patent application through professionals to avoid further delays and unnecessary additional costs.

GPF, along with Khurana and Khurana, Advocates and IP Attorneys (K&K), has tremendous experience in dealing with Patent Filing / Prosecution as per Brazilian Patent Laws, and can assist in filing patents in an efficient and hassle-free manner.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 62
Attorney Fee
$ 850
Translation Fee
$ 1100
Total
$ 2,012
Documents Required
  • Power of Attorney.
  • Declaration to be submitted by the Applicant/Inventor.
  • PCT Application Details / Priority Application Details.
  • Fee Correspondence document.
  • Translation.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in Brazil as any of the following applications:

  • Paris Convention based national entry.

  • PCT National Phase based national entry.

  • The application may be filed in any foreign language; however, the Portuguese translation must be submitted within 60 days from the filing date.

2
STEP 2 : PUBLICATION

  • Ordinarily publication is done within 24 months of priority date. By paying additional fee, an early publication can also be performed if requested.

  • In Brazil, the examination does not get carried out without publication.

3
STEP 3 : EXAMINATION

  • Request for examination has to be made within 36 months from the international filing (PCT) or from the national filing date (priority or not).

4
STEP 4 : PROSECUTION

  • At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements, response to which must be filed within 90 days from the date of issue of the FER.

5
STEP 5 : GRANT

  • Annuity for the 3rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.