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A prior art search tells you whether your invention is genuinely new before you invest in drafting and filing a Brazilian patent application. Our team at Brealant combines INPI and international databases to give you a clear, evidence-based view of the existing field.
Legal Definition of a Patent Search
A prior art search reviews existing patents, patent applications, and non-patent literature — in Brazil and internationally — to identify anything that may anticipate or overlap with your invention.
Unpublished Applications
Very recently filed applications may not yet be published or visible at the time of search.
Inventive Step Is Judgment-Based
A search identifies prior art, but assessing inventive step over it involves professional judgement.
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Contact
Reach out to Brealant, your trusted patent agent in Brazil, to discuss your invention.
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Search
We search INPI records, international patent databases, and relevant technical literature.
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Quote
Receive a service quote tailored to the technology area and search scope.
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Pay
Proceed with secure payment for the selected search service.
File
Our team assesses the closest prior art against your invention's novel features.
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Wait
We finalise the search report and patentability opinion.
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Response
You receive the search report and our recommendation on whether and how to proceed.
In Brazil, a patent must be novel, involve an inventive step, and be capable of industrial application under Law No. 9,279/1996. A prior art search checks your invention against the existing field before you invest in drafting, so you know where you genuinely stand.
Drafting a full patent specification is a significant investment. A search first means claims can be drafted to genuinely distinguish over the closest prior art, rather than discovering a blocking reference after filing — saving both cost and time, especially given INPI's typically longer examination timelines.
A search significantly reduces risk, but it has real limits worth understanding
No Absolute Guarantee
No search is exhaustive, and INPI conducts its own search once examination is requested.
Unpublished Applications
Very recently filed applications may not yet be published or visible at the time of search.
Inventive Step Is Judgment-Based
A search identifies prior art, but assessing inventive step over it involves professional judgement.
Foreign Filing Not Cleared
A Brazilian-focused search does not clear your invention for patenting in other countries.
Doesn't Assess Freedom to Operate
A patentability search is different from an FTO analysis, which checks infringement risk rather than novelty.
Brealant explains these limits clearly in every search report, so you know exactly what the search tells you.
A thorough Brazilian patent search reviews multiple sources to protect your filing decision. Our search covers
Brazilian Patent Records
Granted patents and pending applications on the INPI database.
International Databases
Major international patent databases, since prior art anywhere in the world can affect novelty.
Non-Patent Literature
Technical journals, publications, and other public disclosures relevant to the field.
Claim Scope Analysis
How your invention's key features compare against the closest prior art identified.
Partnering with Brealant means every relevant source is checked before you invest in drafting.
A search typically involves
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Briefing
You describe the invention, its key features, and the problem it solves.
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Searching
We search Brazilian and international records and relevant technical literature.
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Analysis
Our team assesses the closest prior art against your invention's novel features.
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Reporting
You receive a search report identifying relevant prior art and a patentability opinion.
A standard prior art search and opinion is typically completed within 1 to 2 weeks, depending on technical complexity.
Search costs are set against the far larger cost of drafting and filing
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Charged as a fixed professional fee based on the complexity and technology area of the invention.
Charged as a fixed professional fee based on the complexity and technology area of the invention.
Brealant quotes this upfront before starting the search, so there are no surprises.
Once your search is complete, Brealant can move straight into drafting and filing your application, keeping the momentum from a positive search result and preserving your priority date.
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No, but skipping it significantly increases the risk of filing an application that later examination rejects for lack of novelty.
No search is exhaustive, and INPI conducts its own search during examination, but a professional search substantially reduces the risk of surprises.
We search both — Brazilian records and major international databases, since prior art anywhere in the world can affect novelty.
We'll advise whether the invention can still be distinguished through the claims, or whether the filing strategy needs to change.
A standard search and opinion is typically completed within 1 to 2 weeks, depending on the technical complexity of the invention.
Brealant quotes a fixed fee for a standard search and opinion once we understand the technology area and scope required.
Yes, we search prior art relevant to either invenção or modelo de utilidade filings, depending on which protection fits your innovation.
Ideally before filing anywhere, since prior art uncovered early can shape your claims strategy across every jurisdiction you plan to enter, including Brazil.
No, a search asks whether your invention is novel enough to patent; an FTO analysis, which Brealant also offers, asks whether your product would infringe someone else's existing patent.
Yes, the report is prepared for your use and is often shared with investors or partners as part of technical due diligence.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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