.webp)
Protect Your Innovation in Brazil
Brazil is Latin America's largest economy and one of the world's most active patent-filing jurisdictions, making proper protection essential for any business bringing new technology to market here. From an initial prior art search through drafting, filing, examination, and renewal, Brealant guides you through every stage of securing patent protection with INPI, Brazil's National Institute of Industrial Property, under the Industrial Property Law (Law No. 9,279/96).
Start Your IP Now.png)
.png)
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.
.png)
.png)
.png)
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.
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
New products or processes involving a genuine inventive step, protected for up to 20 years from the filing date.
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
Discoveries & Scientific Theories
Pure discoveries and abstract scientific or mathematical theories or methods cannot be patented.
Methods of Medical Treatment
Methods of medically treating human beings are generally excluded.
Business Methods & Software as Such
Purely abstract business methods and computer programs as such, without a technical contribution, fall outside patent protection.
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?
.svg)
.svg)
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.
Your Global Solution to
Simplified Intellectual Property Registration in 24+ Countries.
Blogs and Resources
For expert guidance on IP, patents, and trademark registration, explore Brealant's blog.
Stay informed with our latest posts and access valuable resources tailored to your business needs.
%20(1).jpg)
.avif)
.svg)
.svg)
.svg)
