The patent is the act, which grants to the inventor, the right of exploiting its object exclusively, during a determined period of time.
It is the tool through which the development of new technologies is stimulated once it insures the inventor's and the investor's exploitation rights.
The patent is the right which grants use exclusivity of its object, such right being incorporated to the assets of a company, for instance, helping it to define market strategies to hit the public target.
For a patent right to be granted, some requirements must be fulfilled: Industrial applicability, inventive act and novelty in relation to the technological knowledge already disclosed.
As result of the creative effort in the technical field, the inventor who holds the document called "Patent Letter" has the temporary exploitation monopoly of his creation, assuring for himself a sort of market reserve.
Who can apply for a patent?
Everyone who has developed a product, a manufacturing process or even an improvement in any known product and/or process is able to apply for patent protection before the BRPTO.
Kinds of patents
There are two kinds of patents: The Invention Patent and The Utility Model.
The law does not define the invention patent, it only states that is possible to object of patent he invention that fulfills the requirements of novelty, inventive act and industrial applicability.
As a general rule, any an all products or manufacturing processes developed in the most different areas of knowledge, can be protected as an invention patent, since it bears a substantial innovation in relation to what is known in the art and since it contributes to the economical development of the Country.
The Utility Model is defined by the Law as "every object of practical utilization or its part, subject to industrial application, which presents a new form or disposition, involving an inventive act that results in functional enhancement of its utilization or in its manufacturing.
"The patent classification according to one of the above mentioned types takes place at the moment of its filing, depending on the features of the invention which are intended to be protected.
As well as in the trademarks, the patent application holder will have it's rights recognized only after the application is thoroughly examined by the BRPTO.
Once granted, said right is materialized by the expedition of the patent letter, where is stated that the privilege claimed belongs to the inventor an/or the holder.
The patent letter grants to its holder the exclusive right of exploring the object patented within the national territory as long as its validity permits.
The extent of said protection shall be determined by the content of the claims, which is interpreted based on the specifications and the drawings (if applicable this last one).
The patent holder shall also have the right to prevent non-authorized third parties from producing and trading the product object of the patent protection a/or the process or product obtained directly of the patented process.
It is also insured to the patent holder the right to claim for damages derived from the undue exploring of its object, including over the commercial exploration occurred between the patent application publication date and its definitive granting.
The INVENTION PATENT shall remain in force for 20 (twenty) years counted from its filing date.The UTILITY MODEL shall remain in force for 15 (fifteen) years counted from its filing date.
Invention made by employees or contracted personnel
- Shall belongs exclusively to the Employer
when the invention derives from an employment agreement, which performance takes place in Brazil and has as finality the research or the inventive activity, or consists in the result of the nature of the service for which the employee was hired.
NOTE: Except proved otherwise, it is considered developed during the enforceability of the labor agreement, the invention or the utility model, which application is filed by the employee up to 1 (one) year after the termination of the labor bond.
- Shall belongs exclusively to the Employee
The invention developed by the employee, since it happened apart of the labor bond and without the utilization of the means provided by the employer.
- Shall belongs in equal parts to the Employer and to the Employee, Being shared the ownership of the invention
when the invention derives from the personal contribution of the employee added to the resources, data, means, material, installations and/or equipment of the employer. Except for express provision otherwise.
Drawing, photograph or prototype necessary to the comprehension and preparation of the application specification and technical drawings; Power of attorney; and Assignment document from the inventor in the case when the applicant is a corporate entity.
For patent applications claiming priority:
- Official copy of the patent application issued by the PTO where it has been originally filed;
- Power of attorney; and
- Assignment document from the inventor in the case when the applicant is a corporate entity.
For patent applications filed through the PCT - Patent Cooperation Treaty:
- Tratado de Cooperación de Patentes:
- International application copy;
- Power of attorney.
Document Required for Patent Registration
- An application in the prescribed form in triplicate.
- A provisional specification or a complete specification along with drawings, if any, in triplicate. In case of a convention application it is necessary to file a complete specification along with the application.
- Proof of right to make the application in case the application is made by virtue of an assignment of the right to apply for the patent.
- A statement and a undertaking regarding foreign application in the prescribed form in case the application is made by persons other than resident in India and not being an assignee or legal representative of a person resident outside India.
- A declaration as to inventor ship of the invention in the prescribed form may either be filed along with the complete specification or within 3 months thereafter obtaining necessary extension of time, in case the application was accompanied by a provisional specification in the first instance or in the case of Convention application.
- In the case of convention application, certified copies of the specification or the corresponding document filed by the applicant in the patent office of the convention country may either be filed along with the application or within 3 months thereafter or within such further period as the controller may on good cause allow.
- A duly signed Appointment of Patent Agent on the prescribed form with the name and designation of the signatory typed underneath the signature.
- Description of the invention/innovation.
- All documents and copies of documents, except drawings must be sent in large and legible with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size of approximately 33 x 20.50 (centimeters).
- Drawings if any executed on 33 x 20.50 (centimeters) with a clear margin or 1.50 cm width all round on Tracing Cloth or transparent or semi-transparent sheet of film made of plastics or fiber glass.
Note: All documents must be submitted in English language.
- Name (s), address (es) and nationality (ies) of the Applicant (s).
- Name (s), address (es) and nationality (ies) of the Inventor (s). (If the Applicant is not the Inventor)