How to register? – Patent process steps

PRELIMINARY STEP – Raising Technique Status (OPTIONAL)..
Before issuing the patent request, Idéiativa suggests to clients to perform a previous study of the novelty and inventiveness of the creation that will be presented to INPI. Even though this study is not mandatory, not even required by INPI, its results may be useful so the text of the patent can emphasize the really new aspects of the creation, in a way it is obtained the proper protection and the risks of discussions about its patentability cab be minimized.

FIRST STEP – Creation and issuance of the patent request with INPI.
The creation of a patent request involves the elaboration of a descriptive report, claims and summary, in addition to the creation of technical designs and preparation of the request and documentation for the protocol according to the administrative rules of INPI. After these preparatory acts the patent request is issued with INPI starting the creation patenting process.

SECOND STEP – Patent request publication.
The patent request is confidential at first. After such period it can be published in the Revista da Propriedade Industrial, official body for INPI publications. There is also the possibility to require the publication of the patent request in advance, therefore, accelerating the process. With the publication of the request there is the opportunity for any person interested to offer subsidies to the technical exam (type of manifestation that can be presented to refute the patent request or give the opinion by the privilege grant).

THIRD STEP – Technical exam requirement.
The issuer must formally request INPI to assess the patent request (time in which the novelty, inventiveness, possibility of industrial application and adequacy of the object to the law will be analyzed).

FOURTH STEP – Publishing of patent approval.
Concluding by the presence of legal requirements, INPI publishes the approval of the patent request in the Revista da Propriedade Industrial. As of this moment the fee regarding the patent letter issuance must be paid.

FIFTH STEP – Verification of fee collection to issue the patent letter.
It is necessary to verify the fee collection so the patent letter can be issued.

SIXTH STEP – Patent letter delivery.
Once the due fees are collected to issue the certificate and after such payment is duly verified, INPI grants the patent letter, closing the administrative process with its delivery.

ANNUITY:

The patent holder is subject to pay an annual fee starting from the beginning of the third years of the issuance date.