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Patent Protection and Intellectual Property Enforcement in Brazil
Guidelines for Entrepreneurs
What intellectual property objects are protected and where are they registered
- Copyrights
- Related Rights
- Industrial Secrets & Repression of Unfair Competition
- Traditional Knowledge
Voluntary registration
Copyrights (voluntary registration) can be registered with:
- School of Music of the Federal University of Rio de Janeiro (UFRJ): for Musical Works
- Brazilian Council of Architecture and Urbanism (CAU): for Architectural Works
- National Cinema Agency (ANCINE): for Audiovisual Works
- National Institute of Industrial Property (INPI): for Computer Programs
Registered by National Institute of Industrial Property (INPI)
- Trademarks
- Patents (Invention & Utility Model)
- Industrial Designs
- Geographical Indications
- Integrated Circuit Topography
Registered by Ministry of Agriculture and Livestock (MAPA)
How to find a patent attorney?
You can find a registered patent attorney through the Brazilian Association of Industrial Property Agents (ABAPI)
International filing systems
International filing systems provide a unified registration procedure that allows an applicant to file a single application and subsequently obtain legal protection for IP objects in the designated member states.
IP Objects
INVENTIONS
Definition:
Non-patentable subject matter:
Discoveries, scientific theories, mathematical methods, purely abstract concepts, computer programs, therapeutic methods, and natural living beings are not considered inventions.
Stages of examination:
Additional information:
International registration system:
PCT
- Invention Patent: a product or process that is new, involves an inventive step, and has an industrial application
Non-patentable subject matter:
Discoveries, scientific theories, mathematical methods, purely abstract concepts, computer programs, therapeutic methods, and natural living beings are not considered inventions.
Stages of examination:
- Formal examination: verification of compliance with formal requirements
- Publication: the application is published in the Industrial Property Journal, generally 18 months after the filing date
- Third-party contributions: after publication, third parties may submit contributions to the technical examination
- Substantive examination: a request for examination must be filed by the applicant or any interested party within 36 months from the filing date, along with the corresponding fee. If no request is made, the application is archived
Additional information:
- Grace Period: prior disclosure of the invention within the twelve months preceding the filing date is allowed without compromising novelty. However, the safest approach is to disclose the invention only after filing
- Not considered patentable: anything contrary to morality or public order, substances resulting from nuclear transformation, and all or part of living beings (except transgenic microorganisms)
International registration system:
PCT
UTILITY MODEL
Definition:
Stages of examination:
Additional information:
International registration system:
PCT
- Utility Model Patent: an object, or part thereof, that presents a new form or arrangement resulting in a functional improvement in its use or manufacture. It must be new, have an inventive step, and have an industrial application
Stages of examination:
- Formal examination: verification of compliance with formal requirements
- Publication: the application is published in the Industrial Property Journal, generally 18 months after the filing date
- Third-party contributions: after publication, third parties may submit contributions to the technical examination
- Substantive examination: a request for examination must be filed by the applicant or any interested party within 36 months from the filing date, along with the corresponding fee. If no request is made, the application is archived
Additional information:
- Key differences from inventions: a utility model protects a functional improvement to an object’s form or arrangement, not a process
- Grace Period: prior disclosure of the invention within the twelve months preceding the filing date is allowed without compromising novelty. However, the safest approach is to disclose the invention only after filing
- Not considered patentable: anything contrary to morality or public order, substances resulting from nuclear transformation, and all or part of living beings (except transgenic microorganisms)
International registration system:
PCT
INDUSTRIAL DESIGNS
Definition:
The ornamental plastic form of an object or the ornamental set of lines and colors that can be applied to a product, providing a new and original visual result in its external configuration.
Stages of examination:
The registration may be nullified by INPI or any interested party within 5 years from the date of registration.
Additional information:
In Brazil, the prohibitions on registration of industrial design are:
The grounds for invalidity of registration are:
International registration system:
Hague System
The ornamental plastic form of an object or the ornamental set of lines and colors that can be applied to a product, providing a new and original visual result in its external configuration.
Stages of examination:
- The registration is granted without prior examination for novelty and originality. The applicant is responsible for conducting a prior search to determine the state of the art
- After the registration is granted, the holder may request a substantive examination for novelty and originality at any time during the registration term
The registration may be nullified by INPI or any interested party within 5 years from the date of registration.
Additional information:
In Brazil, the prohibitions on registration of industrial design are:
- Industrial designs that show only the technical function of a product or the necessary common or ordinary shape of the object
- Designs that are contrary to or offend the law, morals, or good customs
- Designs that offend the honour or image of individuals, or violate freedom of conscience, belief, religious worship, etc.
The grounds for invalidity of registration are:
- Industrial designs that are not new, i.e., identical to another industrial design already registered, published, or disclosed to the public in Brazil or abroad
- Industrial designs that are not original, i.e., when they result in a visual configuration that is not distinctive in relation to a previous object. An industrial design is considered original if it presents objects or patterns that have unique aspects, express a new trend in formal language, or exhibit unique and singular characteristics
- Industrial designs that cannot serve as a standard for industrial manufacturing
- Industrial designs that are purely artistic
International registration system:
Hague System
TRADEMARKS
Definition:
A trademark can consist of words, drawings, letters, numbers, three-dimensional symbols, color combinations, etc. Collective and certification marks are also accepted. The registration is permitted in nominative, figurative, mixed, three-dimensional, or positional forms.
All documents must be written in Portuguese.
Stages of examination:
Trademarks cannot be registered if:
International registration system:
Madrid Protocol
A trademark can consist of words, drawings, letters, numbers, three-dimensional symbols, color combinations, etc. Collective and certification marks are also accepted. The registration is permitted in nominative, figurative, mixed, three-dimensional, or positional forms.
All documents must be written in Portuguese.
Stages of examination:
- Formal examination
- Formal requirement: at this stage, formal requirements may be formulated, which must be met, otherwise the application will be considered non-existent. The deadline for meeting a formal requirement is 5 days
- Publication of the application in the Industrial Property Journal (RPI), available at https://revistas.inpi.gov.br/rpi/
- After publication, there is a legal deadline of 60 days to file oppositions
- Oppositions filed are published in the RPI, beginning a 60-day period for the applicant to submit a statement, which is optional
- Once this phase is completed, the substantive examination begins
- During the substantive examination, the application may or may not be subject to a requirement
- If a requirement is filed, the applicant has 60 days to comply with the requirement. Failure to comply will result in the application being archived
Trademarks cannot be registered if:
- They lack distinctive character
- They are likely to mislead consumers
- They are contrary to the law, public order, or offend morality and good customs
- They constitute an imitation of other trademarks or third-party rights
- They contain unauthorized names or acronyms of public entities or bodies
International registration system:
Madrid Protocol
Stages of Registration at the National Institute of Industrial Property (INPI)
Filing an application
The application is submitted online through the INPI portal. If the applicant is not domiciled in Brazil, they must be represented by an attorney residing in Brazil
Formal examination
INPI checks the application for compliance with formal requirements. If requirements are identified, the applicant is given a deadline to comply (e.g., 5 days for trademarks)
Publication
The application is published in the Industrial Property Journal, which starts a period for third-party opposition (e.g., 60 days for trademarks)
Substantive examination
INPI examines the application for compliance with substantive requirements (e.g., novelty, originality, distinctiveness)
Decision
INPI issues a decision to grant or deny the application. This decision may be appealed to the President of INPI (e.g., within 60 days)
Registration & Grant
Upon a positive decision, the right is granted and the certificate is issued
IP Objects Comparison and Fees
1. Terms of Protection validity of other IP Objects
Geographical Indication
No time limit
Computer Program
50 years, counted from January 1 of the year following its publication or, failing that, its creation
Integrated Circuit Topography
10 years from the filing date or the date of first exploitation (whichever comes first)
Copyrights
70 years, counting from January 1 of the year following the author’s death
Plant Variety Protection
15 years for plant variety in general; 18 years for vines, fruit trees, forest trees, ornamental trees, and their rootstocks
2. Links to Fees
Fees for services at INPI are established by ordinances. The current table is valid until August 06, 2025:
Ordinance No. 516 of September 24, 2019
From August 07, 2025, a new table will be valid:
Ordinance GM/MDIC No. 110 of May 5, 2025
Ordinance No. 516 of September 24, 2019
From August 07, 2025, a new table will be valid:
Ordinance GM/MDIC No. 110 of May 5, 2025
Measures to Prevent Infringement of Intellectual Property Rights
Register the rights properly:
Ensure all IP rights are registered with the INPI to provide the legal foundation for protection and enforcement
Monitor and maintain the rights:
Regularly monitor the market and INPI filings to detect possible infringements or confusingly similar applications. Keep all registrations and records updated, including renewals and changes in ownership or licensing
Use protective Marks:
Use clear notices (®, (c)) to indicate ownership. Incorporate overt and covert features in products to help distinguish genuine goods from counterfeits
Register with enforcement databases:
For trademarks, it’s possible to register in the National Directory to Combat Trademark Counterfeiting managed by INPI. This assists customs and law enforcement in identifying counterfeit goods at borders
Unregistered IP Rights Enforcement and Protection
For unregistered IP rights in Brazil, protection is more limited, but mechanisms exist for specific objects
- Protection measures:
Copyright is automatically protected upon creation without registration. However, registration facilitates proof of authorship and creation date in legal proceedings
- Enforcement:
- Gather evidence of authorship and infringement (document creation, unauthorized reproduction).
- Send an extrajudicial notice to the infringer requesting the immediate cessation of unauthorized reproduction or use.
- If ignored, file a lawsuit to obtain a court order to stop the infringement (preliminary injunction), claim compensation, and request the seizure and destruction of illegal copies.
- File a criminal complaint with the police or public prosecutor's office, as copyright infringement can be considered a crime.
- Protection measures:
Marks recognized as well-known by the public can receive protection against imitation or dilution based on their reputation and distinctiveness, even if unregistered
- Enforcement:
This protection often requires judicial recognition or INPI acknowledgment
What to do in case of infringement?
Step 1
Gather Evidence
Collect samples, photographs, and documentation of the infringing activity
Step 2
Send an extrajudicial notification
It’s possible to issue a cease-and-desist letter to the infringer, demanding the cessation of infringement and compensation for damages. This step is often taken before filing a lawsuit
Step 3
Administrative actions
It’s possible to file oppositions or nullity actions before INPI to challenge infringing registrations or applications
Step 4
Judicial actions
It’s possible to file a civil lawsuit seeking an injunction to stop the infringement and claim material and moral damages. It’s also possible to request a preliminary injunction (court order) for immediate cessation of the infringing activity
Step 5
Criminal actions
Besides the civil lawsuits, in case of counterfeiting or willful infringement it’s also possible to file a criminal complaint with the police or public prosecutor’s office
Step 6
Border measures
It’s possible to request the seizure of infringing goods by customs authorities, especially if registered in the enforcement database