Protecting a patent abroad
There are two forms of requesting protection of an invention on other countries: directly in the country from which protection is sought – through the Paris Union Convention (PUC) or the Patent Cooperation Treaty (PCT) for inventions and utility models.
The PCT is a multi-lateral agreement that allows request for patent protection for an invention, simultaneously, in a large number of countries, through the filing of a single international patent application. This treaty is managed by the World Intellectual Property Organization – WIPO and has 148 signatory countries (up to July 2013), among them Brazil. Its main purpose is to simplify and make the protection of inventions more economic when it is requested in several countries. A PCT application may be filed by any person that is a citizen or resident in a State member of the agreement.
How can I file my application on other countries? Is there a term to file the application?
It is possible to file the patent application in other countries as long as the priority of the first application filed in Brazil is claimed, so this prior deposit does not hinder the novelty and the inventive step/inventive act of the previous applications. Additionally, the priority date (date of the Brazilian filing) is ensured for applications in other countries.
The term to file the application in other countries through PUC or PCT is 12 months of the date of the first filing.
In order to file an applicationin other countries, it is necessary to evidence the original deposit through the submission of the documents for the priority claimed to the foreign Industrial Property (IP) office where the new application is filed. To obtain this document, the owner of the Brazilian application must request to INPI an official copy to claim priority.
Filing in other offices
Legend:
Prazo de 12 meses para efetuar depósito via CUP ou via PCT apresentando cópia oficial do documento BR junto ao depósito realizado em outro escritório = 12-month term for filing through PUC or PCT submitting an official copy of the Brazilian document together with the application in another office
Depósito no Brasil = Filing in Brazil
Depósito em outro escritório = Filing in another office
Cópia oficial = Official copy
Check the procedures to request an official copy.
Learn more:
International application
International publication
New codes and procedures
ePCT-filing system
For more information, contact us through the system Contact Us, selecting “Patentes” [Patents] in the field Assunto/Área de Interesse [Subject/Field of Interest].