PATENT FILING IN BRAZIL
Brazil does not want to be a mere exporter of commodities rather it wants to be the stage of 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 for promoting the patent filings. Efforts to decrease the time period for the application approval process have resulted in bringing time frames closer to those of developed economies, making Brazil more favorable for filing both domestic and foreign patents. One of the important action during the last few years is the advancement in the country’s Information Technology (IT) systems. Due to increased patent filings, excessive backlog has been piled up due to which the waiting time for the grant of patent can be over ten years. In such situation, it is advisable to file the patent application from professionals to reduce further delay in the processing of the patent application, and avoid 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 you in filing the patents in an efficient and hassle free manner.
The signed original of the POA form may be submitted to the Brazilian Patent Office within 60 days from the date of entering the PCT national phase.
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 other foreign language; however, the term for submission of the Portuguese translation is 60 days from the filing date.
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.
Request for examination has to be made within 36 months from the international filing (PCT’s) or from the national filing date (priority or not).
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.
Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.