브라질에서 특허 출원 절차는 국립 산업 자산 연구소 (포르투갈어 약어: INPI)에 신청서를 제출하고 신청서, 설명서 초안, 청구 범위, 요약서 및 신청비 납부 영수증을 제출해야 한다. 이러한 요건을 충족하지 못할 경우 INPI는 심사관에게 형식과 관련된 통지를 할 수 있다. 신청자는 30일 이내에 이에 응답해야 하며, 통지에 응답하지 않으면 신청이 무효로 간주되어 철회된다.
브라질의 IP 코드에 따르면, 신청한 특허 출원은 출원일로부터 18개월 후에 미심사 특허 출원 공표를 할 수 있다. 그러나 INPI가 보유하고 있는 대량의 특허 출원을 고려하여 일반적으로 2~3년 후에 공개된다. 미심사 특허 출원 공표일로부터 심사 종료까지의 기간 동안 제3자와 출원인은 심사를 지원하기 위한 의견을 제출할 수 있다.
출원인은 신청일로부터 36개월 이내에 심사를 신청해야 하며 36개월 이내에 심사 요청을 하지 않으면 신청이 취소된 것으로 간주된다. 단, 철회한 날부터 60일 이내에 소정의 수수료를 지불하면 철회된 신청서를 복구할 수 있다. 출원인이 기한을 준수하지 않을 경우 신청은 철회된다.
또한 출원인은 출원의 내용을 명확히 하거나 정의하기 위하여 심사 청구 시점까지 명세서 초안 및 청구 범위에 대한 수정 자료를 제출할 수 있다. 다만, 모든 수정은 출원 당시 공개된 내용의 수정으로 제한되어야 한다. 심사 요청이 접수된 후 신청자의 자발적 결정이나 심사관의 통지에 의한 수정안이 청구된 보호 범위를 변경하거나 확대할 수 있는 경우 허용되지 않는다. 이러한 의미에서 청구 대상을 제한하는 수정안에 한해 허용된다.
심사 기간 동안 심사관의 통보와 불합격 사유에 대한 최종 통보 등 두 가지 유형의 공식 통보가 전달된다. 신청자는 미심사 특허 출원을 공개한 날로부터 90일 이내에 이러한 통지에 응답해야 한다.
간단히 설명하면, 심사관의 통지는 일반적으로 명확성 요건 위반 또는 지원 요건 위반과 같은 공식적인 요건으로 구성되며 거부 사유를 최종 통보하지 않은 경우에도 신청을 거부할 수 있다. 이는 일반적으로 참신성 부족과 발명 같은 특허성 요건이 미달한 경우에 해당된다. 공식 통지의 발행 수에는 제한이 없다. INPI는 미심사 특허 출원을 공표할 때 특허의 허가와 거부에 대한 결정을 발표하여 심사 과정을 종료한다.
The procedure for a patent application in Brazil is initiated by filing an application form with INPI, in which at least an application form, draft of descriptions, scope of claims, abstract and proof of payment of the application fee must be submitted. Failure to fulfill these requirements will cause INPI to issue a notification by an examiner in relation to formality, to which the applicant must respond within 30 days. If the applicant fails to respond to the notification, it will be deemed withdrawal.
According to the IP Code in Brazil, a filed patent application is publicized in the publication of unexamined patent applications after 18 months from the date of application. However, with a consideration of a high volume of the backlog retained in INPI, a filed patent application is typically publicized after approximately two to three years from the date of application. During the period from the date of the publication of unexamined patent applications until the end of examination, any third party and the applicant (for the purpose of assisting the examination) are allowed to submit their opinions.
An applicant is required to file a request for examination of the application within 36 months from the date of application. Failure to file a request for examination within 36 months will be deemed withdrawal of the application. However, an applicant is allowed to recover the withdrawn application by paying a predetermined fee within 60 days from the date of the withdrawal. Even so, if an applicant still fails to comply with the time limit, the application will be confirmed withdrawn. According to the IP Code in Brazil, an applicant is given an opportunity to submit amendments to the draft of descriptions and scope of claims by the time when the applicant files a request for examination, in order to clarify or define the contents of filed application. However, any amendment should be restricted to the amendment of the contents first disclosed at the time of filing an application. After a request for examination has been filed, any amendment, either by an applicant’s spontaneous decision or by a notification by an examiner, is not acceptable if the amendment could change or expand the claimed scope of protection. In this sense, the only amendment limiting claimed subject matter may possibly be accepted.
During the period of examination, two types of official notifications, i.e. notification by an examiner and non-final notification of reasons for refusal will be issued. The applicant is required to respond to these notifications within 90 days from the date of publication of unexamined patent applications.
To put it simply, notifications by an examiner are generally composed of formality requirements such as a violation of requirements of clarity or a violation of support requirements. In a case of a non-final notification of reasons for refusal, an application may be rejected typically due to a violation of the requirements of patentability such as lack of novely and inventive step. No limit is stipulated in the number of issuable official notifications. INPI announces its decision to grant or refuse a patent in the publication of unexamined patent applications thus ending the process of examination. The procedure for a patent application in Brazil is initiated by filing an application form with National Institute of Industrial Property (Portugese abbreviation:1INPI), in which at least an application form, draft of descriptions, scope of claims, abstract and proof of payment of the application fee must be submitted. Failure to fulfill these requirements will cause INPI to issue a notification by an examiner in relation to formality, to which the applicant must respond within 30 days. If the applicant fails to respond to the notification, it the application 2will be deemed withdrawlwithdrawn3.
According to the IP Code in Brazil, a filed patent application is may be publicized in the publication of unexamined patent applications after 18 months from the date of application. However, with a consideration of a high volume of the backlog of patent applications retained in by the 4INPI, a filed patent application is typically publicized after approximately two to three years from the date of application. During the period from the date of the publication of unexamined patent applications until the end of examination, any third party and the applicant (for the purpose of assisting the examination) are allowed to submit their opinions.
An applicant is required to file a request for examination of the application within 36 months from the date of application. Failure to file a request for examination within 36 months will be deemed withdrawal of the application. However, an applicant is allowed to recover the withdrawn application by paying a predetermined fee within 60 days from of the date of the withdrawal. Even so,5 Iif an applicant still fails to comply with the time limit, the application will be confirmed as withdrawn.
According to the IP Code in Brazil, an applicant is given an opportunity to submit amendments to the draft of descriptions and scope of claims by the time when the applicant files a request for examination, in order to clarify or define the contents of filed application. However, any amendment should be restricted to the amendment of the contents first disclosed at the time of filing an application. After a request for examination has been filed, any amendment, either by an applicant’s spontaneous decision or by a notification by an examiner, is not acceptable if the amendment could change or expand the claimed scope of protection. In this sense, the only amendment6s limiting claimed subject matter may possibly 7be accepted.
During the period of examination, two types of official notifications, i.e. notification by an examiner and non-final notification of reasons for refusal will be issued. The applicant is required to respond to these notifications within 90 days from the date of publication of unexamined patent applications.
To put it simply, notifications by an examiner are generally composed of formality8 requirements such as a violation of requirements of clarity or a violation of support requirements. In a case of a non-final notification of reasons for refusal, an application may be rejected typically due to a violation of the requirements of patentability such as lack of novelty9 and inventive stepinvention. No limit is stipulated in the number of issuable official notifications. INPI announces its decision to grant or refuse a patent in the publication of unexamined patent applications thus ending the process of examination.
In Brazil, 1Tthe procedure for a patent application in Brazil is initiated by filing an application form with National Institute of Industrial Property (Portugese abbreviation:2INPI), in whichinvolving the submission of at least an application form, draft of descriptions, scope of claims, abstract and proof of payment of the application fee must be submitted. Failure to fulfill payment. If these requirements will causeare not fulfilled, INPI to issueissues a notification by an examiner in relation to formality, to which, the applicant must respond to this within 30 days. If the applicant failsFaliure 3to respond to the notification leads to, it the application 4will bebeing deemed invalid and withdrawlwithdrawn5.
According to the Brazilian IP Code in Brazil, a filed patent application is may be publicized in the publication of unexamined patent applications after 18 months from the date of application date. However, with a consideration of aconsidering the high volume of the backlog of patent applications retained in by the INPI6, a filed patent application is7, this typically publicized aftertakes approximately two to three2-3 years from the date of application. During the period from the date of the publication date of the unexamined patent applications until the end of examination, any third party and the applicant (may submit their opinions for the purpose of assisting the examination) are allowed to submit their opinions. 8
An applicant is required tomust file a request for examination of the application within 36 months from the date of application. Failure to file a request for examination within 36 months date; otherwise, the application will be deemed withdrawal of the applicationwithdrawn. However, an applicant is allowed tocan recover the withdrawn application by paying a predetermined fee within 60 days from of the withdrawal date. If date of the withdrawal. Even so,9 Iif an applicant still fails to comply with thethis time limit as well, the application will be confirmed as withdrawn.
According to the IP Code in Brazil 10Furthermore, an applicant is given an opportunitymay be allowed to submit amendments to the draft of descriptions and scope of claims by the time when the applicant he/she files a request for examination, in order to clarify. This enables clarification or define refining of the contents of filed application. HoweverNevertheless, any amendment should be restricted to the amendment of the contents first disclosed at the time of filing an application. After a request for an examination request has been filed, any amendment, either by an applicant’s spontaneous decision or by aan examiner’s notification by an examiner, is not acceptableunacceptable if the amendment could change or expand the claimed scope of protection. In this sense, the only amendments11 limiting claimed the 12subject matter may possibly 13be accepted.
During the period of examination period, two types of official notifications will be issued, i.e., notification by an examiner and non-final notification of reasons for refusal will be issued. The applicant is required tomust respond to these notifications within 90 days from the date of publication date of unexamined patent applications.
To put it simply, In simple terms, an examiner’s notifications by an examiner are generally composed ofcomprise formality14 requirements such as a violation of requirements of clarity or a violation of support requirements. In a case of a non-final notification of reasons for refusal, an application may be rejected. This typically due to a violation ofoccurs if the requirements of patentability, such as lack of novelty 15and inventive stepinvention, are violated. No limit is stipulated in the number of issuable official notifications. INPI announces its decision to grant or refuse a patent in the publication of unexamined patent applications thusthereby ending the process of 16examination process.
In Brazil, the procedure for a patent application is initiated by filing an application form with National Institute of Industrial Property (Portuguese abbreviation:INPI), involving the submission of at least an application form, draft of descriptions, scope of claims, abstract and proof of the application fee payment. If these requirements are not fulfilled, INPI issues a notification by an examiner in relation to formality; the applicant must respond to this within 30 days. Failure to respond to the notification leads to , the application being deemed invalid and withdrawn.
According to the Brazilian IP Code, a filed patent application may be publicized in the publication of unexamined patent applications after 18 months from the application date. However, considering the high volume of the backlog of patent applications retained by the INPI, this typically takes approximately 2-3 years. During the period from the publication date of the unexamined patent applications until the end of examination, any third party and the applicant may submit their opinions for assisting the examination.
An applicant must file a request for examination of the application within 36 months from the application date; otherwise, the application will be withdrawn. However, an applicant can recover the withdrawn application by paying a predetermined fee within 60 days of the withdrawal date. If the applicant fails to comply with this time limit as well, the application will be confirmed as withdrawn.
Furthermore, an applicant may be allowed to submit amendments to the draft of descriptions and scope of claims by the time he/she files a request for examination. This enables clarification or refining of the contents of filed application. Nevertheless, any amendment should be restricted to the amendment of the contents first disclosed at the time of filing an application. After an examination request has been filed, any amendment, either by an applicant’s spontaneous decision or by an examiner’s notification, is unacceptable if the amendment could change or expand the claimed scope of protection. In this sense, only amendments limiting claimed the subject matter might be accepted.
During the examination period, two types of official notifications will be issued, i.e., notification by an examiner and non-final notification of reasons for refusal. The applicant must respond to these notifications within 90 days from the publication date of unexamined patent applications.
In simple terms, an examiner’s notifications generally comprise formal requirements such as a violation of requirements of clarity or a violation of support requirements. In a case of a non-final notification of reasons for refusal, an application may be rejected. This typically occurs if the requirements of patentability, such as lack of novelty and invention, are violated. No limit is stipulated in the number of issuable official notifications. INPI announces its decision to grant or refuse a patent in the publication of unexamined patent applications, thereby ending the examination process.
