The research and development to create new products require, most times, large investments. To protect this product through a patent or registration means to prevent the possibility of competitors copying and selling this product at lower price, since they were not burdened with the costs of research and development. The protection offered by a patent is necessary for the invention becoming a profitable investment.

A patent is a title of temporary ownership upon an invention or utility model granted by the State to the inventors or authors or other individuals or companies holding rights on he creation thereof. On the other hand, the inventor undertakes to disclose in detail the entire technical content of the matter protected by the patent.

Any invention satisfying the requisites of novelty, inventive activity and industrial application can be patented.

Can also be patented, as an utility model, the object of practical use of an industrial application presenting a new form or disposition, involving an inventive act that results in a functional improvement of its use or manufacturing.

Both the invention and the utility model are considered new when not included in the state of art (the state of art comprises everything made available to the public prior to the date of deposit of the application for a patent, by verbal or written description, by use or any other means, in Brazil or abroad, without considering the divulging of an utility model occurred within twelve months preceding the date of deposit or the priority of the application for a patent, by use or any other means, that may be requested by the inventor, by INPI or by concerned third parties).

The invention is provided of inventive activity whenever it does not evidently or obviously derives from the state of the art, and the utility model whenever it does not derive commonly or vulgarly from the state of the art.

The application for a patent must refer to one sole invention, or to a group of inter-related inventions so as to comprise one sole inventive concept.

The application for an utility model shall refer to one sole principal model, which may include distinct or additional elements, or constructive or configuration variations, but maintaining the technical/functional unity of the object.

After the deposit, the application for a patent shall be maintained under secrecy for eighteen (18) months, and published only after this term. The publication may be advanced by request of the applicant.

As of the publication of the application to the end of the examination, the concerned parties may present documents and information to assist the examination.

The applicant shall request the examination of the application within thirty six (36) months as of the date of deposit, lest the application be cancelled.

Note: The examination shall not begin before sixty (60) days from the publication of the application have elapsed.

After the acceptance of the application, and documented the payment of the corresponding fee, the patent is granted and the Patent-Letter is issued.

The Patent of Invention is effective for a term of twenty (20) years, and that of the Utility Model is effective for a term of fifteen (15) years as of the date of the deposit.

The extent of the protection of the patent is determined by the content of the claims, interpreted based on the descriptive report and the drawings.

The patent grants to its holder the right to prevent third parties from producing, marketing, importing, or exporting with these purposes, i.e. to exploit at any title the patented object without the due authorization, and against the conditions determined by the title holder.

The patent is extinguished:

I – by the expiry of the term of duration;
II – by the waiver of the title holder, safeguarding the rights of third parties;
III – by forfeiture;
IV – by lack of payment of the annual fee;
V – by non-compliance with the provisions of article 217 (power of attorney).

Note: When the patent is extinguished, its subject matter becomes of public domain.

The depositor of the application and the holder of the patent are subject to payment of an annual fee as of the third year from the date of the deposit.

We must stress two other patent variations:

Biotechnology Patent: Has as subject the biotechnological products and processes, i. e. each and every process actively involving a living being, encompassing the areas of microbiology, biochemistry, immunology and genetics.

Addition Certificate Patent: Accessory of the main patent, thus protecting the improvement or development introduced in the object of the invention, even if lacking inventive activity