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Q1. Term required for filing a patent application in Brazil ?
Article 40 of the Brazilian patent law 9,279/96 provides a term of validity of 20 years from filing but also a minimum period of protection of 10 years from grant.
Q2. What is the Duration of Patents in Brazil?
The expiry date of a patent in Brazil is 20 years from filing of the patent application, which cannot be less than 10 years from the patent grant. Therefore, if a patent application takes 12 years to be granted, its term of protection will be 22 year
Q3. What are the Filing requirements in Brazil?
The official language of the National Intellectual Property Office in Brazil is Portuguese. Claims, title and abstract should be submitted in Portuguese, late filing of the remaining translation is possible within 60 days of the filing date.
The minimum requirements for entering the national phase are the information regarding the applicant(s) and the inventor(s), patent claims, title and abstract in Portuguese.
A certified copy of the Priority Document should be submitted within 60 days from the filing date in Brazil. A digital copy is usually enough for filing, however, the original may be requested by the Office.
A digital copy of a signed Power of Attorney is enough for filing the application. The POA can be submitted within 60 days from filing the application in Brazil.
If the applicant is not the inventor, it is recommended to file the Inventor's Authorization. It may be submitted after entering the PCT national phase in Brazil (within 60 days from the Brazilian filing date), official legalisation or notarization is not required. Filing of the Inventor's Authorization is not obligatory.
If the PCT national phase applicant is different from the applicant in the international application, document confirming Assignment of Rights should be submitted on filing or within 60 days from the Brazilian filing date.
Q4. How to examine a Brazilian patent application?
Patent applications in Brazil are examined as to compliance with formal and substantive requirements. The request for substantive examination should be filed within 36 months from the international filing date.