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Patent Filing in Brazil

Japan is a member of the Patent co-operation Treaty and Paris Convention. Patent applications can be filed in Brazil through the PCT route or by filing directly as a conventional application.

Term of the Patent: 20 years from the filing date

Patent Office: Brazilian Patent and Trademark Office

 

Paradigm to obtain a patent in Brazil:-
  • Patent Filing
  • Preliminary examination
  • Publication
  • Formal Examination request
  • Compliance with the formal examination report should be done within 90 days
  • Acceptance(notice of allowance) or rejection
  • Payment of final taxes and fees
Documents required for filing of Patent Application in Brazil

1.PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report
  • Portuguese translation of the specification
  • Assignment if applicant is not an inventor (notarization & legalization is not required)
  • Power of Attorney (notarization is not required)

2. Convention Application under Paris Convention

  • Complete specification
  • Set of formal drawings if applicable.
  • Abstract
  • Portuguese translation of the specification
  • Certified copy of priority document (must file within 90 days)
  • Portuguese translation of the priority documents
  • Assignment if applicant is not an inventor (notarization & legalization is not required)
  • Power of Attorney (notarization is not required)
Remarks:
  • Timeline for entry into National phase in Brazil is 31 months
  • Timeline for filing a conventional application in Brazil is 12 months