Introduction
A patent grants exclusive rights to an invention, ensuring that only the patent holder can produce, sell, or license the innovation for a determined period. In Brazil, INPI (National Institute of Industrial Property) is responsible for evaluating and granting patents. However, the patent approval process can be complex and time-consuming. In this article, we will explain how patent granting works in Brazil, including the steps involved and the factors that affect approval time.
1. What Is a Patent and What Does It Protect?
A patent is a legal document that protects an invention by granting exclusive rights to its creator. There are two main types of patents in Brazil:
🔹 Patent of Invention (PI) – Protects new products or processes with innovative functionality. Valid for 20 years.
🔹 Utility Model Patent (MU) – Protects functional improvements in an existing product. Valid for 15 years.
A patent does not protect ideas—only specific, detailed inventions that meet legal requirements.
2. How Does the Patent Granting Process Work?
2.1. Step 1: Conducting a Prior Art Search
Before applying for a patent, it is essential to check if a similar invention has already been patented. This prevents wasting time and resources on a non-eligible invention.
✅ Use the INPI database to search for similar patents.
✅ Check international databases like USPTO (USA) and EPO (Europe).
✅ Analyze if your invention is truly innovative and non-obvious.
2.2. Step 2: Preparing the Patent Application
The patent application must include:
✅ A detailed description of the invention.
✅ Technical drawings and specifications.
✅ Patent claims, defining what will be protected.
✅ Proof of payment of INPI’s filing fees.
The clarity and quality of the documentation directly affect the approval speed.
2.3. Step 3: Filing the Application with INPI
The application is submitted through INPI’s e-INPI system. After submission, the invention is granted a filing date, which is important for priority rights in Brazil and internationally.
🔹 After submission, the application is published in the INPI Bulletin (18 months later).
🔹 Third parties can oppose the patent within 60 days of publication.
2.4. Step 4: Requesting the Technical Examination
Unlike trademarks and industrial designs, patents are not automatically approved. The applicant must request a technical examination within 36 months after filing.
During the examination, INPI checks if the invention meets three key requirements:
🔹 Novelty – The invention must be completely new.
🔹 Inventive Step – It cannot be an obvious improvement.
🔹 Industrial Applicability – It must have practical use.
2.5. Step 5: INPI’s Decision and Patent Granting
After examination, INPI may:
✅ Approve the patent, granting exclusive rights.
❌ Reject the application, if it does not meet the criteria.
🔄 Request modifications, allowing adjustments.
If approved, the patent is granted and published, and the inventor must pay annual fees to maintain it.
3. How Long Does It Take to Get a Patent in Brazil?
Patent approval takes an average of 7 to 10 years, but the time varies depending on:
⏳ The complexity of the invention.
⏳ INPI’s backlog of pending applications.
⏳ The quality of the application documents.
In urgent cases, priority examination may be requested, such as for:
🔹 Inventions from small businesses and startups.
🔹 Green technology patents.
🔹 Health-related patents (e.g., pharmaceuticals).
4. What Happens After the Patent Is Granted?
Once approved, the inventor has exclusive rights to:
✅ Produce and sell the invention.
✅ License it to third parties for commercial use.
✅ Take legal action against unauthorized use.
The patent holder must pay annual fees to maintain validity. If fees are not paid, the patent expires and enters public domain.
Conclusion
The patent granting process in Brazil involves several steps, from filing and technical examination to final approval. Although it may take years, having an approved patent guarantees exclusive rights, preventing competitors from copying your invention. For inventors and businesses, understanding the process and preparing a strong application is key to successfully obtaining patent protection.
