Introduction
Patent protection is essential for inventors and businesses looking to safeguard their innovations and gain exclusive rights to their creations. In Brazil, the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial) offers two main types of patents: Invention Patents (Patente de Invenção – PI) and Utility Model Patents (Modelo de Utilidade – MU).
While both patents provide legal protection, they differ in terms of eligibility, requirements, duration, and scope of protection. Understanding these differences is crucial for choosing the right patent type for an innovation.
This article explores the key differences between invention patents and utility model patents, their advantages, and how to determine which one is best suited for your innovation.
What is an Invention Patent (Patente de Invenção – PI)?
An Invention Patent is granted for new and inventive technological solutions that provide an innovative step beyond existing technologies.
Key Characteristics of Invention Patents:
- Must be novel, inventive, and have industrial applicability.
- Protects new processes, products, machines, or compositions.
- Requires a higher level of technological advancement.
- Valid for 20 years from the filing date.
Examples of Invention Patents:
✅ New pharmaceutical drugs with unique chemical compositions. ✅ Advanced AI algorithms improving data processing. ✅ Innovative manufacturing processes that reduce production costs.
Advantages of Invention Patents:
✔ Stronger legal protection due to the higher level of inventiveness. ✔ Longer exclusivity period (20 years). ✔ Higher commercial value for licensing and commercialization.
What is a Utility Model Patent (Modelo de Utilidade – MU)?
A Utility Model Patent is granted for functional improvements to existing objects, resulting in a more efficient, practical, or cost-effective solution.
Key Characteristics of Utility Model Patents:
- Protects new modifications or improvements to existing products.
- Requires novelty and industrial applicability, but does not require a high level of inventiveness.
- Typically applies to mechanical devices, tools, and everyday objects.
- Valid for 15 years from the filing date.
Examples of Utility Model Patents:
✅ An improved screwdriver with an ergonomic grip. ✅ A modified bicycle brake system that enhances safety. ✅ A foldable ladder with increased portability.
Advantages of Utility Model Patents:
✔ Easier to obtain as it requires a lower degree of innovation. ✔ Faster approval process (average of 3-5 years compared to 7-10 years for invention patents). ✔ More accessible for small businesses and entrepreneurs.
Comparison Table: Invention Patent vs. Utility Model Patent
| Feature | Invention Patent (PI) | Utility Model Patent (MU) |
|---|---|---|
| Purpose | Protects new and complex inventions | Protects functional improvements to existing objects |
| Inventiveness Level Required | High | Moderate |
| Examples | Pharmaceuticals, software, industrial machines | Tools, devices, consumer goods |
| Validity Period | 20 years | 15 years |
| Time for Approval | 7-10 years | 3-5 years |
| Legal Protection Strength | Stronger | Moderate |
| Best for | Technological innovations, new products | Product modifications, mechanical devices |
How to Choose the Right Patent Type
Choosing between an invention patent and a utility model patent depends on the nature of the innovation.
Choose an Invention Patent If:
✅ The invention is entirely new and not an improvement of an existing product. ✅ The innovation involves high-level technological advancement. ✅ You want stronger and longer legal protection (20 years). ✅ You are developing pharmaceuticals, software, or industrial processes.
Choose a Utility Model Patent If:
✅ The innovation is an improvement of an existing product. ✅ The goal is practical functionality rather than scientific breakthrough. ✅ You need faster patent approval (3-5 years instead of 7-10 years). ✅ The invention is a mechanical device, tool, or consumer product.
Steps to Register a Patent in Brazil
To obtain either an Invention Patent (PI) or a Utility Model Patent (MU), follow these steps:
Step 1: Conduct a Patent Search
Before filing an application, check INPI’s database to ensure the invention is not already patented.
Step 2: Prepare the Patent Application
- Include technical descriptions, claims, and drawings.
- Clearly define the novelty and functionality of the invention.
- Ensure all legal requirements are met.
Step 3: File the Application with INPI
- Submit the application via INPI’s e-INPI system.
- Pay the filing fee.
Step 4: Patent Examination
- For Invention Patents: A substantive examination is required within 36 months.
- For Utility Model Patents: The examination process is faster.
Step 5: Approval and Maintenance
- If approved, the patent is granted and published.
- Pay annual maintenance fees to keep the patent valid.
Common Mistakes to Avoid in Patent Applications
❌ Not conducting a prior patent search – Risk of rejection due to existing patents. ❌ Filing the wrong type of patent – Misclassifying an innovation can delay approval. ❌ Providing vague descriptions – Weak technical documentation leads to rejection. ❌ Missing examination deadlines – Failing to request an examination results in automatic abandonment.
Conclusion
Both Invention Patents (PI) and Utility Model Patents (MU) offer legal protection and commercial advantages, but they serve different purposes.
- Invention Patents are ideal for high-tech innovations that require stronger, long-term protection.
- Utility Model Patents are suitable for functional improvements to existing products and offer a faster, more accessible route to patent protection.
By understanding the differences, inventors and businesses can choose the right type of patent, ensuring effective intellectual property protection and market exclusivity.
