Patents

The Brazilian legislation guarantees the grant of patents of invention and of and utility model.

Inventions and utility models are considered to be new when they are not part of the state of the art. Typically, inventions include new machines, new industrial processes, new chemical compounds, etc.
A utility model represents a creation of practical use. In most cases it results from the further development of known objects or tools so they can have a better use or practicality. Typical examples are tools and domestic utensils.

A patent of invention will have a term of 20 years and a utility model patent a term of 15 years, counted from the filing date. A term will not be less than 10 years for patents of invention and 7 years for utility model patents, counted from grant, except when INPI - National Institute of Industrial Property - is prevented from proceeding with the examination as to the merit of the application.

A patent application is subject to an administrative process at INPI. This process includes performance of a search and elaboration of a report about its patentability.

A valid patent will only be granted if the invention or the utility model fulfils the legal requirements and does not fall within some of the patentability prohibitions.

Our services include:
• Patent searches;
• Patent surveillance;
• Drafting of new applications;
• Filing and prosecuting patent applications;
• Annuity payments;
• Analysis of infringement;
• Several actions.

Trademarks

Trademark protection in Brazil is guaranteed by the Constitution, article 5, §§ 29, as well as by the Industrial Property Law 9279/96. The law was signed by President Fernando Henrique Cardoso, on May 14, 1996 and went into effect a year later.

Trademark law is also supported by several international treaties such as the Convention Union of Paris and TRIPS, both valid in Brazil.

In the Brazilian Constitution, article 122 determines that "any visually perceptive distinctive sign, when not prohibited under law, is susceptible of registration as a trademark."

According to article 123, the following definitions apply:
I. product or service mark: that is used to distinguish a product or service from one having a different origin, that is identical, similar or akin;
II. certification mark: that is used to attest that a product or service conforms with determined technical norms or specifications, notably with reference to its quality, its nature, the material used and the methodology employed; and
III. collective mark: that is used to identify products or services originated by members of a given entity.
In Brazil, one must register a trademark at INPI - National Institute of Industrial Property. The registration of a trademark will have a term of 10 years counted from the date of its grant, it being renewable for equal and successive periods. The owner is guaranteed exclusive use thereof throughout the national territory. The registrant of, or applicant for, a trademark is also guaranteed the right to assign his registration or application for registration, license its use and care for its material integrity or reputation.