Introduction

Patent protection is an essential tool for inventors and businesses looking to safeguard their innovations. In Brazil, patents are granted by the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial), providing exclusive rights to inventors for a limited period. However, not all inventions qualify for patent protection. Brazilian patent law establishes specific criteria and limitations on what can and cannot be patented.

This article explores what can be patented in Brazil, covering the types of patents, eligibility requirements, and examples of patentable inventions.

Understanding Patents in Brazil

A patent is a legal right granted to an inventor, allowing them to exclude others from making, using, selling, or distributing their invention without permission. This exclusivity promotes innovation, research, and technological advancement.

Brazil offers two types of patents:

1. Invention Patent (PI – Patente de Invenção):
   • Protects new and innovative technological solutions.
   • Valid for 20 years from the filing date.
2. Utility Model Patent (MU – Modelo de Utilidade):
   • Protects functional improvements in existing products.
   • Valid for 15 years from the filing date.

Understanding the distinction between these patent types is essential for ensuring the correct application process and protection scope.

Eligibility Requirements for Patentability

To qualify for patent protection in Brazil, an invention must meet the following three fundamental criteria:

1. Novelty

• The invention must be completely new and not publicly disclosed before the filing date.
• Prior public disclosure, including publications, trade shows, or online presentations, may invalidate the patent application.

2. Inventive Step (Non-Obviousness)

• The invention must not be an obvious improvement of existing technology.
• A professional in the industry should not be able to deduce the invention easily based on prior knowledge.

3. Industrial Applicability

• The invention must have practical use in an industry.
• The patent should be reproducible and applicable in fields like mechanics, electronics, pharmaceuticals, and more.

If an invention does not meet these three requirements, it cannot be patented in Brazil.

What Can Be Patented in Brazil?

Patent protection covers a wide range of technological and industrial innovations. Below are some of the most common categories of patentable inventions:

1. Mechanical and Industrial Devices

• New machinery, tools, and industrial equipment.
• Improved manufacturing processes.
• Examples:
  • An innovative robotic arm for assembly lines.
  • A high-efficiency engine with reduced fuel consumption.

2. Pharmaceutical and Medical Innovations

• New medications, chemical compounds, and treatments.
• Medical devices and equipment.
• Examples:
  • A newly formulated cancer treatment drug.
  • A biodegradable surgical implant.

3. Electronics and Software-Integrated Inventions

• Electronic devices with innovative features.
• Software-related inventions that improve industrial processes.
• Examples:
  • A smart home automation system with energy optimization.
  • A biometric security device with AI integration.

4. Chemical and Biotechnological Innovations

• New chemical compositions for industry or healthcare.
• Biotechnology applications, such as genetically modified organisms.
• Examples:
  • A new polymer with high heat resistance.
  • A genetically engineered bacteria for environmental cleanup.

5. Renewable Energy and Sustainable Technologies

• Green energy solutions, such as solar panels and wind turbine improvements.
• Eco-friendly industrial processes.
• Examples:
  • A solar panel coating that increases energy absorption.
  • A water purification device using advanced nanotechnology.

6. Agricultural Innovations

• New plant varieties and agricultural techniques.
• Pest-resistant crop modifications.
• Examples:
  • A genetically improved soybean plant.
  • An automated irrigation system with AI-based water optimization.

What Cannot Be Patented in Brazil?

Brazilian law restricts certain inventions from patent eligibility to ensure ethical and legal compliance. The following are not patentable:

1. Scientific Theories and Abstract Ideas

• Mathematical formulas and algorithms.
• Scientific discoveries that do not involve a practical application.
• Example: Einstein’s theory of relativity cannot be patented.

2. Natural Substances and Living Organisms

• Natural plants, animals, and biological processes.
• Isolated genes or DNA sequences.
• Example: A naturally occurring medicinal plant is not patentable, but a new pharmaceutical extraction method from it may be.

3. Computer Programs (Software)

• Software alone is not patentable in Brazil.
• However, software-integrated inventions that improve industrial processes may qualify.
• Example: A unique AI-powered medical diagnostic system may be patentable.

4. Surgical, Therapeutic, and Diagnostic Methods

• Medical procedures and surgical techniques are not eligible.
• Example: A new heart surgery technique cannot be patented.

5. Business Methods

• Methods related to commerce, finance, and sales strategies.
• Example: A new customer loyalty program is not patentable.

6. Illegal or Immoral Inventions

• Technologies that violate laws, ethics, or public safety.
• Example: A device for unauthorized surveillance cannot be patented.

How to Patent an Invention in Brazil

For inventors looking to patent their innovations, the following steps must be followed:

Step 1: Conduct a Patent Search

• Verify if a similar patent already exists using INPI’s database.
• Prevents unnecessary costs and rejection risks.

Step 2: Prepare the Patent Application

• Include technical descriptions, claims, and drawings.
• Consult a patent attorney to ensure compliance.

Step 3: Submit the Application to INPI

• File the application via INPI’s e-INPI system.
• Pay the required filing fee.

Step 4: Wait for Publication in the Official Gazette

• The patent is published after 18 months.
• Allows public review and opposition filings.

Step 5: Request for Examination

• Must be requested within 36 months after filing.
• INPI evaluates novelty, inventiveness, and industrial application.

Step 6: INPI’s Decision

• If the patent meets all legal requirements, INPI grants the patent.
• If rejected, the applicant can file an appeal.

Step 7: Maintain the Patent

• Pay annual maintenance fees to keep the patent active.
• The patent remains valid for 15-20 years, depending on the type.

Conclusion

Patent protection is a powerful tool for inventors and businesses looking to secure their innovations in Brazil. However, not all ideas qualify for patents. By understanding what can and cannot be patented, innovators can better navigate the patent registration process and maximize their intellectual property rights.

Consulting with a patent attorney and conducting thorough research before filing can increase the likelihood of success in obtaining a patent in Brazil.