As a major principle, patents protect creations in the area of technology and applied science. The technological entities most typically addressed are products (including molecules, compositions, tools, machines, etc.) and processes (subdivided into production processes, methods and uses, etc.).

 

There are two types of patents in Brazil:

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>> INVENTION patents: protect technologies in general, whether mechanical, chemical, electrical, or any other kind;

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>> UTILITY MODEL patents: These protect only improvements to useful objects in general, e.g. tools, utensils, equipment or packaging etc.

 

To be patentable, in addition to not falling into lists of exclusions and prohibitions, the matter for which protection is required must meet the requirements of patentability, as provided by law:

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>> Industrial application (i.e. able to be manufactured or used in any type of industry);

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>> Novelty (i.e. not identical to anything pre-existing or previously disclosed);

 

>> Inventive activity/inventive act (i.e. the differences from what is pre-existing or previously disclosed cannot be obvious, common or ordinary, in the eyes of the technician in that field).

 

Our firm assists clients from the initial phase of drafting patent applications, to the post-finalization phase of the examination, through a dedicated and attentive performance to the risks and opportunities of the system. Get to know some of the activities performed by our team:

 

• Performing prior art searches;

• Mapping of risks and delineation of strategies that make the companies' projects feasible;

• Analysis of patentability, infringement and freedom to operate;

• Filing and follow-up of the prosecution in Brazil and abroad;

• Defense of patent applications and patents in Brazil and abroad;

• Strategic management of the domestic and foreign patent portfolio;

• Expert investigations involving patents. 

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The patent term, currently, is 20 years for patents of invention and 15 years for utility models. However, it is important to consider that the term has been the subject of debate over the past few years in Brazil, resulting in patents with different terms of validity, either administratively or judicially.

 

If you have any questions, please contact us!