Patents Laws in Brazil
Sure! Here’s a concise overview of patent laws in Brazil:
Patent Laws in Brazil
Governing Law:
Brazil's patent system is primarily governed by Law No. 9,279 of May 14, 1996, known as the Industrial Property Law (Lei da Propriedade Industrial).
The law is administered by the National Institute of Industrial Property (INPI).
Key Features:
Types of Patents:
Patent of invention: For new inventions that offer a technical solution.
Utility model patent: For new inventions with practical utility or improvement in an object’s shape or structure (similar to a "petty patent").
Patentability Requirements:
Novelty: The invention must be new worldwide before the filing date.
Inventive step (non-obviousness): Must not be obvious to a person skilled in the relevant field.
Industrial applicability: Must be capable of being used in industry.
Exclusions from Patentability:
Scientific theories, mathematical methods.
Plant and animal varieties, biological processes.
Methods of diagnosis, therapy, surgery.
Inventions contrary to public order, morality, or health.
Patent Term:
Invention patents: 20 years from the filing date.
Utility models: 15 years from the filing date.
Filing Process:
Patent applications must be filed with INPI.
The application undergoes a formal examination and substantive examination.
Substantive examination is only done upon request, within 36 months of filing.
Rights Conferred:
Exclusive rights to exploit the invention commercially.
Right to prevent others from making, using, selling, or importing the invention without consent.
Compulsory Licensing:
Brazil allows compulsory licensing under specific conditions, such as non-exploitation or public interest.
International Treaties:
Brazil is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and the TRIPS Agreement (World Trade Organization), aligning its patent laws with international standards.
RELATED Blog
0 comments