Introduction
Innovation is one of the key drivers of business growth and technological advancement. However, to protect new ideas and inventions, it is crucial to understand the different types of patents available. In Brazil, the two main types of patents granted by the National Institute of Industrial Property (INPI) are:
- Patent of Invention (Patente de Invenção – PI)
- Utility Model (Modelo de Utilidade – MU)
Both provide legal protection for inventions, but they have distinct characteristics, requirements, and durations. This article will explore the differences between these two patent types and help inventors determine which is the best option for their innovations.
What is a Patent of Invention (PI)?
A Patent of Invention (PI) is granted for new and original technological solutions that offer a significant technical improvement over existing products or processes. These inventions must meet the following criteria:
1. Novelty
The invention must be completely new and not previously disclosed in any form, anywhere in the world.
2. Inventive Step (Non-Obviousness)
The invention must demonstrate a significant technical advancement, meaning that it is not an obvious improvement that could be easily deduced by experts in the field.
3. Industrial Application
The invention must be applicable in an industry, meaning it must have practical use in manufacturing, production, or another sector.
Duration of a Patent of Invention
A Patent of Invention is valid for 20 years from the date of filing. After this period, the technology enters the public domain, allowing others to use it freely.
What is a Utility Model (MU)?
A Utility Model (MU), often called a “small patent”, is granted for new improvements to existing inventions. Unlike a Patent of Invention, it does not require a high level of inventive step, but it must still offer functional and practical advantages.
1. Novelty
The utility model must be new and not previously disclosed.
2. Industrial Application
It must be applicable in industry, just like a Patent of Invention.
3. Functional Improvement
Instead of requiring a high degree of innovation, a Utility Model must present a practical or functional enhancement to an existing product.
Duration of a Utility Model
A Utility Model patent is valid for 15 years from the filing date, with no possibility of extension.
Key Differences Between Patent of Invention and Utility Model
| Feature | Patent of Invention (PI) | Utility Model (MU) |
|---|---|---|
| Purpose | Protects a completely new invention | Protects improvements to existing inventions |
| Inventive Step Requirement | High | Low |
| Examples | New pharmaceutical drug, advanced AI algorithm | Improved design of a chair, modified bottle cap |
| Examination Process | More rigorous | Less rigorous |
| Protection Duration | 20 years | 15 years |
| Best For | Groundbreaking technological advancements | Practical and functional improvements |
Which One Should You Choose?
- If you have developed a completely new technology that represents a major innovation, you should apply for a Patent of Invention (PI).
- If your invention modifies or improves an existing product, making it more practical or efficient, a Utility Model (MU) is the better choice.
How to Apply for a Patent or Utility Model in Brazil?
The application process for both patent types is similar and follows these key steps:
- Preliminary Search – Before applying, conduct a patent search through the INPI database to ensure your invention is unique.
- Patent Specification Drafting – Prepare a detailed technical description, including diagrams, claims, and potential applications.
- Filing the Application – Submit your application to INPI, specifying whether it is a Patent of Invention or a Utility Model.
- Examination Process – INPI examines the application to check for novelty and industrial application.
- Approval and Granting of Patent – If approved, the patent is officially granted and published, giving the inventor exclusive rights.
Why Is Patent Protection Important?
- Prevents Copying – Grants exclusive rights to use, manufacture, and sell the invention.
- Increases Business Value – A patent can be a valuable business asset and increase a company’s valuation.
- Encourages Innovation – Protects inventors’ efforts and encourages technological advancements.
Conclusion
Understanding the difference between a Patent of Invention and a Utility Model is essential for innovators and entrepreneurs. While both offer legal protection, they serve different purposes. If your invention is completely new and groundbreaking, a Patent of Invention is the best choice. However, if you are improving an existing product with a practical enhancement, a Utility Model is more suitable.
By choosing the right type of patent and registering it with INPI, you can protect your ideas, increase business competitiveness, and contribute to technological progress in Brazil.
