巴西是"先申請"專利體系，以先申請者而非先發明者作為認定專利權歸屬。 國家工業產權局（National Institute of Industrial Property，簡稱INPI)負責專利申請與審查。專利申請內必須以葡萄牙文遞交，專利成功通過審查後， INPI將授權該專利自申請日開始20年的保護期限。實用新型專利保護期限則是自申請日開始15年。巴西專利體系遵守巴黎公約，允許發明揭露後有12個月的寬限期。
Since Brazil is one of the fastest growing developing countries in the world, it is vital that we take time to pay attention to this rising star’s patent system.
Since the earliest days, Brazil has fostered the right to patent. Indeed, Brazil was the forth country in the world, in 1809, to enact patent law. Brazil continued to support patent protection world wide by becoming one of the founding members of the Paris Convention for the Protection of Industrial Property. In 1978 Brazil became a signatory to the Patent Cooperation Treaty (PCT) and in 1995 it became a member of the World Trade Organization.
Existing Patent System
Brazil supports a "first-to-file" patent system, which implies that whoever files for a patent first, will receive the right to such invention; even if someone else invented such invention earlier.
Patent are filed and examined by the National Institute of Industrial Property (INPI).
After successful examination of a patent, the INIP will award protection for 20years for such patent ~ from the date of filing. Utility model patents are awarded 15 years from the date of filing.
Language Requirement:
The INIP requires that all applications be submitted in Portuguese.
Grace Period:
The Brazilian patent system, in accordance with the Paris Convention, allows for a 12-month grace period for disclosure of an invention.
Patent application ~ procedure:
A patent application must contain the following:
Power of attorney from the applicant
A request
A description
Claims
Drawings, if any
An abstract
Proof of payment of the filing fee.
The application will be lodged by a registered Industrial Property Agent or an Attorney at law with the INIP.
The INIP will examine the application.
Publication of the patent is mandatory, 18 months from the filing date or earliest priority date.
If prior art is found, the application will be rejected or the applicant will be asked to limit his claims in such as to overcome the prior art. If no prior art exists, and the application matches all the legal requirements, the INIP will allow the patent to be granted.
For a patent to be granted in Brazil, it takes about six years.
Requirement of invention to be patentable
The INIP will only consider inventions which:
are novel,
involve an inventive step, and
are capable of industrial application.
Applicants should only claim one invention per patent, but the INIP will allow applicants to divide patents on request ~ if more than one invention was disclosed.
Opposition:
Prior to the end of examination of a patent, third parties may submit documents to support an opposition of a patent being granted. Such evidence will be considered by the examiner.
Nullity:
Within the six months after a patent is granted, any third party may request "administrative nullity". If it is established that a patent is indeed not adhering to Brazilian patent law, the INIP will declare the patent Null and Void.
Patent Licensing:
The transfer and licensing of patents are subject to registration from the INIP.
The tax law of Brazil includes royalty income or a technical fee resulting from a patent license as a source of income, for a company or individual.
Conclusion:
This article is meant to be a brief overview of the patent system currently in place in Brazil.
It is in no means a comprehensive study of the Brazilian Patent system.
