Brazil Patent Requirements
Patent in Brazil: In order to apply and file for a patent in Brazil you need to provide 1. Patent Information, and you need to send to the Attorney the 2. Power of Attorney for Brazil and the 3. Assignment Document if required.
1.- Information Brazil Patent Application
1. Name and address of the applicant.
2. Name, address and citizenship of the Inventor(s).
3. Invention Title, Abstract of the Invention, Utility Model or Design.
4. Invention, Utility Model or Design Text Description.
5. Claims.
6. Set of formal drawings.
7. Portuguese translation of the specifications for the brazilian patent.
8. Assignment document if applicant is different than the inventor. Does not need legalization or notarization and has to be filed within 60 days.
9. Official certified priority document, including certified Portuguese translation, priority number and country of origin. Must be filed within 180 days.
10. Official search results from the Patent Office where the patent was first filed.
The Patent filing could be presented with the information from 1, 2, 3 and with copy of the original foreign patent information, priority information including date and number.
The certified priority document should be presented within 90 days.
2.- Power of Attorney
The power of attorney it does not need legalization or notarization. It has to be presented within 60 days from the Brazilian Patent filing date.
3.- Patent in Brazil
Concession of the Brazilian Patent Grant: 20 years
Concession of the Utility Model or Design Application: 15 years
Member of the Paris Convention: Yes
Brazil is a Member of the PCT: Yes
4.- Application Process
1. Patent Filing
2. Preliminary Exam
3. Patent Publication: 18 months from the priority date
4. Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.
5. 90 days to respond office action from the formal examination.
6. Acceptance or rejection
7. Payment of the Final Taxes and Title.