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Essential Guide to Patent Protection in Brazil

What a Patent Is in Brazil: Under the Industrial Property Law (Law No. 9,279/96), INPI grants two forms of patent protection: invention patents, for genuinely new products or processes, and utility models, for functional improvements to the shape or arrangement of existing objects.

Why Protection Matters: To be patentable, an invention must be novel anywhere in the world, involve an inventive step, and be capable of industrial application.

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Our Patent Services

  • Patent Search

    Find out if your invention is new before you file in Brazil. Brealant runs prior-art searches of INPI Brazil and global patent databases with clear advice.

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  • Patent Drafting

    Get a strong patent specification in Brazil. Brealant drafts clear claims and descriptions that meet INPI Brazil rules and protect your invention.

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  • Patent Application

    File your patent application in Brazil with Brealant. Expert INPI Brazil filing, formalities and prosecution through to grant at fixed fees.

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  • PCT National Phase Filing

    Enter the PCT national phase in Brazil on time. Brealant handles INPI Brazil filings, translations and deadlines for your international application.

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  • Patent Office Action

    Got an INPI Brazil office action? Brealant drafts persuasive responses to objections and refusals so your patent in Brazil keeps moving.

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  • Patent Renewal

    Renew your patent in Brazil on time. Brealant tracks INPI Brazil deadlines, grace periods and fees so your protection never lapses.

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  • Patent Assignment & Recordal

    Transfer patent ownership in Brazil smoothly. Brealant drafts assignment deeds and records the change with INPI Brazil quickly and correctly.

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  • Patent Infringement

    Enforce your patent rights in Brazil. Brealant investigates infringement, sends demands and coordinates action before INPI Brazil and courts.

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  • Freedom to Operate Analysis

    Launch in Brazil with confidence. Brealant's freedom to operate analysis finds blocking patents and infringement risks before you invest.

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A Hassle-Free Patent Journey in Brazil with Brealant

  • Contact: Reach out to Brealant to discuss your invention and protection goals.
  • Search: Request a prior art search across INPI and international databases.
  • Quote: Receive a service quote tailored to your invention's technical complexity.
  • File: Brealant drafts the specification and files your application with INPI.
  • Wait: Examination must be separately requested within 36 months of filing.
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Clear, Simple Steps to Patent Protection in Brazil

In Brazil, a patent application moves through formal filing, publication 18 months after filing or priority, and substantive examination — which INPI only carries out once the applicant formally requests it, within 36 months of filing.

What Patent Protection Covers in Brazil

  • Invention Patents

    New products or processes involving a genuine inventive step, protected for up to 20 years from the filing date.

  • Utility Models

    Functional improvements to the shape or arrangement of an existing object, protected for up to 15 years from the filing date.

Partnering with Brealant means identifying which form of protection best fits your innovation and filing accordingly.

Limitations — What Cannot Be Patented in Brazil

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    Discoveries & Scientific Theories

    Pure discoveries and abstract scientific or mathematical theories or methods cannot be patented.

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    Methods of Medical Treatment

    Methods of medically treating human beings are generally excluded.

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    Business Methods & Software as Such

    Purely abstract business methods and computer programs as such, without a technical contribution, fall outside patent protection.

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    Non-Novel Inventions

    Anything already publicly disclosed anywhere in the world before the filing or priority date cannot be patented.

INPI examines every application against these requirements once examination is requested, which is why a search beforehand matters so much.

Frequently Asked Questions

What types of patent protection are available in Brazil?

INPI grants invention patents, for new products or processes, and utility models, for functional improvements to the shape or arrangement of existing objects.

What are the basic requirements for patentability in Brazil?

An invention must be novel anywhere in the world, involve an inventive step, and be capable of industrial application under the Industrial Property Law.

Does examination happen automatically once I file?

No, substantive examination must be formally requested within 36 months of filing, or the application is deemed withdrawn.

Can I file a patent application in Brazil via the PCT?

Yes, Brazil is a PCT member, and international applicants can enter the Brazilian national phase, generally within 30 months of the earliest priority date.

How long does it typically take to get a patent granted in Brazil?

Timelines vary by technology area and INPI's workload, and pendency has historically run to several years from filing to grant, though INPI has made real progress reducing its backlog in recent years.

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