araripe@araripe.com.br | +55 (24) 2103-2200 

araripe@araripe.com.br | +55 (24) 2103-2200 

Patents

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Patents

We offer all services related to the protection of Patents of Invention and Utility Models. These services include: starting with the preparation for the application process; Prior Art Search; drafting of descriptive reports; and up to the granting and licensing. Our solid experience in both national and international law encompasses obtaining patent rights in Brazil and abroad, as well as, strategic legal advice on best and most cost-effective ways to protect our clients’ inventions and models.

Our engineering team is made up of specialists in various areas. These different technological areas cover the following: pharmaceutical, agro-industrial, biotechnological, medical devices, industrialized food, consumer products, energy sector, industrial mechanics sector, semiconductors, electronic and telecommunications sectors. Thus, our understanding of updated technology is rapid and efficient.

Our services are comprised of a detailed analysis and Prior Art Search in both national and international databases, which aid and guide us to develop the protection of our clients’ inventions.

Our lawyers’ expertise in administrative and judicial procedures related to the technical examination on the part of the Brazilian PTO has given us the valuable experience in identifying and avoiding potential obstacles for the granting of a patent application.

 

What is a Patent?

A patent is legal title which grants ownership rights to exploit an invention in a specific and exclusive form, once the legal requirements for novelty, inventive activity and industrial applicability have been fulfilled. Utility Model differs from patent in that it protects the object of the utility (or part of object) in its practical use, as long as that object is susceptible of industrial use in a new form or arrangement involving an inventive step which improves its function in its use or in its manufacture.

Validity:

Patents of Invention are valid for 20 years, starting from the date of the patent application. (Exception to validity: any identified impediment on the part of the Brazilian PTO during the application process).

Utility Model is valid for 15 years, starting from the date of the Utility Model application. (Exception to validity: any identified impediment on the part of the Brazilian PTO during the application process).

Services:

  • Prior Art Search;
  • Patent strategies and application;
  • Monitoring of the procedures and examination of the Brazilian Patent and Trademark Office;
  • Investigative examination of portfolio;
  • Annuity payment;
  • Drawing up license contracts, technology transfer and other business transactions;
  • Acquisition and auditing of portfolio;
  • Infringement watch;
  • Competition watch; and
  • Litigation and lawsuits, nationally and internationally.

 

Brazil has been a member of the PCT – Patent Cooperation Treaty, since April 9th, 1978, together with 190 other countries. Through this Protocol, we are able to register in other member countries application for patent with the same validity date, as applied in Brazil.


Therefore, a patent filed up to 12 months after filling in Brazil is considered new when analyzed by the legally responsible agency of the selected country.

What does this initial mean?

INPI stands for National Institute of Industrial Property (Brazilian PTO). It is the government agency responsible for processing and examining patent applications in Brazil. Their headquarters are in Rio de Janeiro and they examine diverse areas.

WIPO – World Intellectual Property Organization is an agency of the United Nations, responsible for leading the development of an international system of patents and utility models. Their headquarters are in Geneva, Switzerland. Brazil is one of 190 other member countries.