Brazilian Patent, Design & Trade Mark Applications
Brazil is a member of the International Patent Convention and of the PCT.
The filing of a PCT National Phase application in Brazil costs, on average, about US$ 5 000.00 (as of January 2018) inclusive of the filing of a preliminary amendment to bring the claims into conformity with local patent law. To this must be added Portuguese translation charges of about US$ 25.00 per 100 words of the specification, claims, abstract and drawings. Sometime thereafter, substantive examination must be requested at a cost of about US$ 1 500.00 plus about US$ 12.00 per claim over 10. If the Examiner objects to some or all of the claims, prosecution costs of at least US$ 1 500.00 can be expected. Should the Examiner accept the application, publication and grant costs of about US$ 800.00 will be payable.
Please click here for general information on foreign patent filings.
Brazil is a member of the Paris Convention for the Protection of Industrial Property.
The Brazilian industrial design relates to any ornamental three-dimensional form of an object, or any ornamental arrangement of lines and colours that may be applied to a product, which provides a new and original visual result in its external configuration and which may serve as a model for industrial manufacture.
The requirement for design protection is that the design must be new and original. A design is considered new if it is not part of the state of the art before application, i.e. not available to the public anywhere in the world. Furthermore, a design will be considered original if it results in a visual configuration that is distinctive when compared to other prior objects. This visual result may be the result of a combination of known elements.
Excluded from design protection is the common or ordinary shape of an object or the shape necessitating the function of the object.
Applications are examined as to formal requirements only, but during the term of the registration of the design, the owner may request a substantive examination as to novelty and originality.
The duration of a Brazilian design is 25 years, subject to a five-yearly renewal.
For more information about Brazilian design applications, please contact us.
Please click here for general information on foreign design filings.
Brazilian Trade Mark
Brazil is a member of the Paris Convention under which any resident of a Convention country is entitled to claim the priority date of a first application made in a convention country as that of any subsequent application in any other Convention country within a 6 month period.
A Brazilian trade mark is defined as any mark usable to distinguish a product or service from an identical or similar product or service having a different origin.
Upon filing a Brazilian trade mark application, it is subjected to a formal examination where the application is examined as to the formal requirements only. If all the requirements are met, the application is advertised with an opposition period of 60 days. After the expiry of the 60 day period, the application is subjected to a substantive examination whereafter grant follows.
The Brazilian trade mark is valid for a period of 10 years from date of grant thereof renewable indefinitely.
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