The patenting process that one goes through to obtain a patent consists of a number of steps.

Typically, when someone has a new invention and wishes to patent it a patent search is done first to see if the invention is actually new, or if it has been thought of before by someone else. Such a search will not only provide a good background context when preparing the patent application, but will also eliminate the significant costs associated with drafting and filing an application for something which then turns out not to be patentable.

If the patent search indicates that an invention is patentable then the next step is that of preparing the application. This is the most time consuming part of the process and involves describing not only the invention but also the prior art (or earlier inventions which are closely related). Claims are also set forth in the applications, and when the patent is granted these form the scope of the inventor's monopoly. Broad claims will provide an inventor with a broader (or larger) monopoly, but they also risk being rejected by the examiner at the patent office - precisely because they are too broad or perhaps because they also cover the prior art.

A good patent agent or patent lawyer will draft the claims so that they provide as much protection for the inventor as possible without being rejected by the Brazilian patent office.

For more information about patents and how we can help you please send an email patent.agent@mjzanon.trd.br