If you’ve developed a product or process, obtaining a patent grants you the exclusive rights to manufacture, sell, or authorize others to produce or sell it for a fee. This can be achieved by applying for a patent through Brazil’s National Institute of Industrial Property (INPI). There are two distinct types of patents available:

• • Invention Patent (PI): This type of patent is suitable for innovative technologies, whether they pertain to a product or a manufacturing process. Examples include groundbreaking vehicle engines or novel methods for producing medicines.
  • Utility Model Patent (MU): These patents are designed for practical enhancements made to existing objects, such as utensils or tools, which improve their functionality or the way they’re manufactured.

Conducting a patent search is crucial because it helps applicants determine the patentability of their invention, understand existing patents, avoid unnecessary expenses, explore design around possibilities, assess invalidity procedures, prospect licensing agreements, refine patent strategies, and navigate the Brazilian market more efficiently.

Initially, a product must be classified either as an invention or a utility model. While there isn’t a legal definition of ‘invention’, the Brazilian Patent Statute delineates what doesn’t qualify as one. Conversely, a ‘utility model’ is specifically described as a practical object or a functional component.

For patent eligibility, an invention needs to fulfill criteria regarding novelty, inventiveness, and industrial applicability. Similarly, utility models must meet standards of novelty and industrial applicability, though the threshold for inventiveness is lower compared to inventions.

The Patent Statute outlines certain exclusions from patentability, including:

• Discoveries, scientific theories, and mathematical methods.
• Purely abstract concepts.
• Commercial, financial, or educational methods.
• Literary, architectural, and artistic works.
• Computer programs as standalone entities.
• Presentations of information.
• Rules of games.
• Certain medical methods and natural biological processes.
• Inventions contrary to morals or public health.
• Nuclear transformation-related inventions.
• Living beings, except for specific transgenic micro-organisms meeting patentability criteria.

In Brazil, inventions can also be safeguarded as utility models/ utility patents, which undergo both formal and substantive examinations. However, processes, methods, systems, or chemical compositions are ineligible for utility model protection. The maximum duration of protection for a utility model in Brazil is 15 years from the filing date. Unlike patents, utility models permit only a single independent claim but have no restriction on the number of dependent claims allowed.

In Brazil, a novelty grace period of 12 months prior to the filing date or priority date (if applicable) applies. This provision encompasses disclosures originating from various sources: the inventor themselves, publication of the application by the INPI, and disclosures by third parties who acquired the information directly from the inventor or through actions undertaken by them.

The patent application process in Brazil, overseen by the INPI, consists of multiple stages, starting from submission to final approval. Currently, the average duration for patent prosecution in Brazil is approximately five years, but this timeline may vary depending on factors such as patent complexity and technology field. It’s noteworthy that the INPI is actively working to shorten the time for granting patents to two years, and they offer various options for applicants to expedite the examination process. The process begins with filing and formal examination, which typically lasts a few months. Subsequently, the substantive examination evaluates the patentability criteria, such as novelty and inventiveness. To facilitate the grant decision, the INPI may issue written opinions, usually ranging from one to three. Overall, this comprehensive process typically takes about five years on average.

The PPH is a collaborative program established through international agreements among multiple patent offices. It expedites the processing of Brazilian patent applications linked to a patent family already examined in other countries with which the INPI has a PPH agreement (such as EPO, USPTO, JPO, KIPO, SIPO). This initiative encompasses diverse technology sectors, and participation in the PPH can notably shorten the time to grant, frequently achieving approval within a year of enrollment in the program.

The deadline for payment of the grant fee is 60 days from the issuance of the Notice of Allowance, while patent term in Brazil is 20 years from the filing date.

For pending patent applications, annual maintenance fees begin from the third year of the filing date (second anniversary of the filing date). Payments are due within the first three months of each year of patent validity, with late payment permitted within six months after this period, albeit with an additional fee.

The cost of obtaining a patent in Brazil can vary depending on factors such as the complexity of the invention, the type of patent being applied for (invention patent or utility model patent), and whether the applicant is an individual or a corporation. Generally, the costs associated with filing and prosecuting a patent application in Brazil may include government fees, attorney fees, translation fees (if applicable), and other administrative expenses.

A Brazilian trademark must be original, visually perceptible, and distinctive. It can take the form of a word mark, figurative mark, mixed mark, three-dimensional mark, collective mark, certification mark, or highly-renowned mark. However, Brazil does not protect sound marks or scent marks.

The list of items that cannot be registered as a trademark includes:

• Official coats of arms, flags, emblems, and similar symbols.
• Plain letters, numbers, and dates lacking distinctiveness.
• Signs contrary to morals, offending personal honor or religious beliefs.
• Designations of public entities or agencies.
• Reproduction of distinctive elements of commercial establishments or corporate names.
• Generic or descriptive signs related to the product or service.
• Signs used purely for advertising.
• Colors and their names unless used in a distinctive manner.
• Geographical indications or imitations likely to cause confusion.
• Signs falsely indicating the origin or quality of the product or service.
• Reproduction of official characters or symbols.
• Signs registered as collective or certification marks by others.
• Names, awards, or symbols of official events without authorization.
• Reproduction of official titles, currency, or names without consent.
• Names, signatures, or images of third parties without consent.
• Well-known pseudonyms, unless authorized.
• Works protected by copyright.
• Technical terms related to the product or service.
• Reproduction of marks registered by others likely to cause confusion.
• Duplication of marks for the same product or service.
• Common product shapes or packagings.
• Objects protected by third-party industrial design registration.
• Signs imitating marks of others in a reciprocal agreement with Brazil.

For a trademark to be eligible for registration, it must fulfill specific criteria, one of which is distinctiveness. This means that the trademark should possess a level of unique character that enables it to distinguish the source of goods or services to consumers effectively. Generally, names, logos, or other brand elements that are highly descriptive or commonly used are less likely to be approved for registration by the INPI.

Conducting a trademark search in Brazil is crucial to prevent conflicts with existing trademarks and avoid legal disputes. Without comprehensive research, there’s a risk of unintentionally selecting a trademark that is already active or registered, potentially leading to costly legal challenges and damage to your brand’s reputation. Additionally, gaining a basic understanding of Brazilian trademark law and regulations is essential to strategically position your brand and navigate legal hurdles effectively. A trademark search provides valuable insights into existing trademarks and their legal status, empowering informed decision-making during the registration process.

1. The applicant initiates the registration process, ensuring there are no prior registrations with the BPTO.
2. Application fees are issued and paid to the BPTO.
3. Upon filing, the BPTO conducts a formal review of the application.
4. The application is published in the official gazette, released every Tuesday.
5. Following publication, third parties have a 60-day window to file opposition.
6. If opposition is filed, the BPTO allows the applicant to respond with a counterclaim.
7. The BPTO decides whether to approve or deny the trademark application. In case of denial, the applicant has 60 days to make an appeal.
8. If approved, registration fees must be paid within 60 days. Failure to pay within this period incurs an additional 30-day window with a surcharge for payment.

Any individual who has a reasonable belief that they may suffer harm from the registration can file an opposition to initiate opposition proceedings before the INPI. Typically, this includes trademark owners or applicants with pending applications who perceive the new application as infringing on their trademark rights. Opposition must be lodged within 60 days from publication of the filing in the BPTO Journal. The applicant has the opportunity to respond with a statement of opposition or counterclaim within 60 days from the publication of the opposition in the BPTO Journal.

Upon approval publication in the BPTO Journal, the applicant must pay registration fees within 60 days for the registered trademark. If payment is not made within this period, there is an additional grace period of 30 days, subject to an extra charge. Failure to pay within these 90 days results in the dismissal of the trademark application.

Trademark rights commence upon publication of registration in the BPTO Journal, upon payment of the registration fees. The registration term is 10 years. Renewal can be sought every 10 years, during the last year of the current term. Additionally, there is a grace period of six months to pay the applicable renewal fees.

The cost of trademark registration process in Brazil can vary depending on several factors such as fee for filing a trademark based on the type of mark, the number of classes it applies to, selected goods and services and whether you engage a legal representative. Generally, the fees include application filing fees, publication fees, and registration fees.

As of my last update, the official fees for trademark registration in Brazil ranged from approximately BRL 1420 to BRL 2980, depending on the number of classes covered by the trademark application. Additionally, legal fees for professional assistance in the registration process may vary depending on the complexity of the case and the services provided by the attorney or agent.