Patenting is important for protecting commercial inventions and research investments. In Brazil, the patent application process involves filing an application, examination, publication, and payment of letters patent. Requirements for a patent application include a descriptive report, claims, drawings if applicable, an abstract, and filing fees. Costs include application, examination, and annual renewal fees set by the government. The PCT process can also be used to obtain patents in Brazil.

1. ____________________ Patenting in Brazil www.decontilaw.com São Paulo How To – an Overview on Patenting in Brazil

2. Patenting is the most important protection for a commercial invention, basically, because researches is expensive and an innovative product has a value in itself. During the term of the patent, the holder has the right to exclude third parties, and also has rights such as manufacturing, trading, using, and saling the product etc. Let's see How To obtain a Patent in Brazil , protecting the main assets of your Company

3. How To obtain a Patent in Brazil - The patent application will be kept Secret until its publication. The process is made in INPI (National Institute of Industrial Property) 1. Request the Application 2. Request the Examination

4. 3. A patent application will be kept secret during 18 (eighteen) months counted from the date of filing or of the earliest priority, if any, after which it will be published. Publication of the application may be anticipated on request by the applicant. 4. After the Publication, 60 days to pay the Letters of Patent * If the Patent is not granted, it´s possible to Appeal in the Brazilian Agency How To obtain a Patent in Brazil

5. Requirements to Apply: 1. descriptive report 2. claims 3. drawing, if any (not required for invention, but mandatory for utility model) 4. an abstract 5. proof of payment of the filing fee 6. other documents (instrument of assignment, power of attorney, document from the country of origin, etc.). How To obtain a Patent in Brazil

6. Patenting in Brazil:

7. Costs with Government Rates: 1. Rate for Requirement = R$ 200,00 (or R$ 80,00, depending on the situation) 2. Rate for Examination of Invention (basic case) = R$ 500,00 (or R$ 200.00, depending on the situation) 2.1. Rate for Examination of Model Utility = R$ 320,00 (or R$ 128,00, depending on the situation) 3. Letters-patent = R$200,00 (or R$ 80,00, depending on the situation) 4. Annuity (Articles 84 and 87 of Industrial Property Law): from R$ 250 to R$ 3.380,00, according to the period July, 2011

8. PCT (Patent Cooperation Treaty) According to WIPO (World Intellectual Property Organization): FORM FOR ENTERING THE NATIONAL PHASE There is a specific form for the transmittal of documents for entering the national phase TRANSLATION (CORRECTION). Errors in the translation of the international application can be corrected with reference to the text of the international application as filed. Source: http://www.wipo.int/pct/guide/en/gdvol2/annexes/br.pdf

9. INSTRUMENT OF ASSIGNMENT. Legalization is not required. If the instrument of assignment is not in Portuguese, a certified translation thereof into Portuguese must be furnished at the same time POWER OF ATTORNEY. An agent must be appointed by filing a power of Attorney. PCT (Patent Cooperation Treaty)

10. PCT (Patent Cooperation Treaty) REQUEST FOR EXAMINATION. A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. The request for examination must be made in Portuguese on the General Procedural Request Form TIME LIMIT FOR REQUESTING EXAMINATION. Examination must be requested within 36 months from the international filing date or within 60 days from the entry into the national phase. Source: http://www.wipo.int/pct/guide/en/gdvol2/annexes/br.pdf

11. Rafael De Conti Brazilian Lawyer www.decontilaw.com Lawyer with predominant practice on Business Law (Commercial Law, Tax Law, Corporate, Contracts, Litigation), providing juridical assistance high specialized, defending the interests of clients of various sizes and economical sectors (Life Science, Agribusiness, Financial and Capital Markets, IT, Real Estate). Rafael De Conti is enrolled in the Brazilian Bar Association, Section of São Paulo, under the number 249.808, having acquired his professional experience in Law Offices and Financial Institution before setting up his own law office. Rafael acquired the degree of Bachelor of Law by the Mackenzie Presbyterian University at the same time he acquired the degree of Bachelor of Philosophy by the University of São Paulo. He has, also, Master Degree on Ethics and Political Philosophy, by the University of São Paulo. Author of Books and Articles in the areas of Law, Philosophy and Politics (to read, access: www.rafaeldeconti.com)

12. __________________ Patenting in Brazil www.decontilaw.com São Paulo How To – an Overview on Patenting in Brazil