The patent is an instrument to encourage the technological advance and stimulate the investments. Therefore, it’s considered an economic and legal institution, destined to define the technological property.
It is a privilege granted by the State that gives to the inventor the right to prevent other people to explore, to manufacture, to use, to sale or to import patented products and processes or any product directly gotten from process patented, for the periods stated in the IP Law.
The validity term of the patent may vary in accordance the patent nature. The force of a patent is limited to the country that grants it. If the invention is not protected by a patent, it can be freely produced by anyone who’d have interest. If an invention is patented in another country, but it is not patented in Brazil, any interested party will be able to explore it.
In Brazil, the patent application must be filed in the BRAZILIAN INDUSTRIAL PROPERTY OFFICE - INPI, on the basis of the Industrial Property Law of the Nº 9,279/96, being its main requirements: novelty and industrial application.
In Brazil the relative rights to the industrial property are protected through:
PI - Invention Patent:
It’s related to systems, processes or products based on new and original principles. I Chemical compositions, industrial processes of manufacture, genetic modifications, nourishing mixtures, cleanness compositions, medical processes, toys are some of the subjects included in this category. The validity term of Invention Patents is 20 years from the filling date.
MU - Utility Model Patent:
It’s related to improvements in objects that already exist, capable to improve its use or to facilitate its productive process. Some examples of Utility Model Patents are: improvements in furniture or articulated utensils of cleanness as mops or brooms with removable handles. The validity term of Utility Models is 15 years from the filling date.
DI - Industrial Design:
It protects the ornamental form, the characteristics of the product that has as purpose to provide a new and original visual, at last, the product design. It’s not possible to require the protection by Industrial Design for any features of the design that has a practical or technical purpose.
If an element has its design determined by its function, in other words, if its design were different it wouldn’t work, it can’t be protected by Industrial Design.
It’s also possible to file an Industrial Design Application for ornamental set of lines and colors and set of objects as joint of cups, set of cutlery, set of bowls (must refer to the same object and present the same preponderant characteristics). In each Application we can present 19 variations. The validity term of Industrial Designs is 10 years from the filling date, and extendable for three periods of 5 years (total of 25 years).