The process of obtaining a patent can be complex, especially when seeking protection in multiple countries. For international clients who wish to protect their inventions in Brazil, understanding the National Phase of the PCT (Patent Cooperation Treaty) is crucial. At Nascimento Melo Intelectual Property, we specialize in guiding foreign clients through this intricate process with expertise and precision.
What is the PCT?
The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO). It allows inventors to file a single international patent application to seek protection for their invention in multiple countries simultaneously. This process simplifies the initial filing steps, but ultimately each country must evaluate and grant the patent independently.
The Importance of the National Phase
After an international PCT application is filed, the process eventually reaches what is known as the National Phase. This phase is where individual countries, such as Brazil, take responsibility for examining the application in accordance with their local laws and regulations. For those who wish to protect their invention in Brazil, understanding the requirements and deadlines at this stage is essential.
Main Stages in the National Phase of the PCT in Brazil
- Entry into the National Phase:
- Term: The application must be submitted to the National Institute of Industrial Property (INPI) within 30 months from the priority date of the PCT application.
- Translation: It is necessary to submit a complete translation of the application into Portuguese. This includes the description, claims, summary and any drawings.
- Official Fee Rates: Payment of relevant fees is mandatory at this stage.
- Publication:
- After submission, the application will be published in the Industrial Property Magazine (RPI), making the details of the invention public.
- Technical Exam:
- A formal request for technical examination must be made within 36 months of the international filing date. INPI will evaluate the application to ensure that it meets the patentability criteria (novelty, inventive activity and industrial application).
- Annuities:
- From the third year of deposit, it is necessary to pay annual fees to maintain the order. For PCT orders, the international filing date is considered when calculating these annual fees.
Documents Required for the National Phase
To facilitate a smooth entry into the National Phase, we will need the following documents:
- Copy of International PCT Application: Including description, claims, summary and drawings.
- Priority Document (if applicable): Including translation into Portuguese.
- Power of attorney: Authorizing our office to represent you before the INPI.
- Translation of Documents: Complete and certified translation of all PCT application documents into Portuguese.
- International Research Report (ISR) (if applicable): Copy of the report issued by the international research authority.
- Written Opinion of the Examiner (WO/ISA) (if applicable): Copy of the written opinion issued during the international phase.
- Additional Information (if applicable):
- Grace Period: Information on public disclosures of the invention in the 12 months prior to the PCT application filing date.
- Biological Sequences: Listing of biological sequences in TXT (ST.25) or XML (ST.26) format.
- Biological Materials: Information on the deposit of biological materials.
- Access to Genetic Heritage: Declaration on access to Brazilian genetic resources, in accordance with applicable legislation.
CONCLUSION
Securing patent protection in Brazil is a critical step for inventors seeking global intellectual property coverage. By understanding the PCT National Phase and working with experienced professionals, you can ensure that your intellectual property is protected effectively and efficiently. At Nascimento Melo Intelectual Property, we are committed to providing our clients with the best guidance and support throughout the process. Contact us today to start protecting your innovation in Brazil.
Why Choose Nascimento Melo Intellectual Property?
Since our founding in 2016, Nascimento Melo Intelectual Property has built a reputation for excellence and reliability in the field of intellectual property. Our expertise in navigating the complexities of INPI, combined with our dedicated and qualified team ensures that our clients receive the highest standard of service. We have successfully assisted more than 4.000 clients globally, providing specialized services on trademarks, patents, industrial designs and other IP assets.
Contact us
Protecting your intellectual property in Brazil doesn’t have to be a daunting task. Let Nascimento Melo Intellectual Property guide you through the National Phase of the PCT with our expertise and comprehensive services. Contact us today by clicking here to learn more about how we can help protect your inventions in Brazil.
