International Patent Registration
Protect Your Business Right Now
Many inventors believe that filing a patent here in Brazil guarantees worldwide rights to the invention. However, it is important to keep in mind that simply filing a patent with the INPI (National Institute of Industrial Property) is not enough to have a valid monopoly in any country. So, what should you do to register a patent abroad?
There are specific deadlines and rules, as well as different processes to ensure the protection of the invention in other parts of the world, and that is what we are going to talk about now. Well, as everyone knows, an incredible idea is rarely restricted by geographical borders. Therefore, sooner or later, it will be necessary to expand it to other countries. Therefore, limiting the patent right of the invention to the country of origin may allow other companies to profit from the idea.
Therefore, it is essential that the right to industrial property is protected worldwide. That is why we have written this text, as our goal is to provide guidance on how you can protect your patent internationally. Keep reading and enjoy!
What is a patent for an invention?
A patent for a creation is nothing more than a temporary certificate, also known as a patent letter, granted by the Federal Government, which may be a Utility Model (MU) or an Invention Patent (IP). The purpose of this registration is to protect an innovation, creation, technology, or, in short, an industrial property. The title will guarantee exclusive use, enjoyment and profit, allowing income and gains arising from the right, in an exclusive manner. It is worth remembering that the patent letter will only be granted to inventions that meet the following requirements:
The invention must be novel, that is, the subject matter of the application must be new and cannot have been previously disclosed;
It must have industrial application, that is, be produced industrially;
Finally, it is necessary to have an inventive activity, that is, a technological leap whose result can never be obvious or evident to a professional who is a technician in the subject. In other words, we can say that it needs to be an unexpected technical effect in an area of technology.
It is important to highlight that innovation is essential to keep a business at the forefront and, of course, to generate equity for the company. In this sense, it is essential to be aware of opportunities and never stop seeking the necessary protection and guidance.
How does patent registration abroad work?
In principle, patent protection is territorial. All applications made to the INPI — which is the only agency authorized to grant patents in Brazil — initially protect industrial property only in Brazil, and are in the public domain in other locations.
Although a patent is only valid in the country where it is approved, it will only be registered if no one, anywhere on the planet, has made the same invention available before. Therefore, if you know of a product that is already patented in another country and want to bring the idea here to Brazil, know that it is possible.
Let’s suppose, for example, that you went to a European country and there you ended up discovering a product that does not exist in Brazil. This product is patented only in that European country. So, since the patent holder’s rights are restricted to the country where the invention was patented, you can explore the product in Brazil.
However, if you apply to the INPI for a patent for the same invention, your application will be rejected due to the lack of novelty of the invention, after all, the creation already exists in another country. It’s easier to understand with this example, right?
What are the alternatives to the concession?
If you intend to patent an invention in another country, you need to recognize that there are two options. They will depend on the company’s preparation for the process, the needs regarding presence in other countries, the deadlines and, of course, the recognition in the market.
Since the choice is very important, it is essential that you know the characteristics of each alternative. Check out the procedures available for patent registration below!
Paris Convention (CUP)
In this option, the person/company files a patent application directly in the country of interest. Therefore, the patent will have to be filed in each country, individually, within a specific time frame and after being filed in the place of origin. This is essential, because the payment for the second country onwards will include the claim for priority of origin.
It is worth remembering that, after the deadline, it will no longer be possible to make the applicant in another location. Therefore, it is necessary to be completely sure about the choices made, in order to avoid future regrets. Even so, if the person/company is interested in using or trading the invention in other parts of the world, it is still possible. The only difference is that it will not have the same protection in these countries.
It is important to note that if there is a violation of industrial rights in another location and the creation is not patented, the owner will not be able to specifically allege the violation. This is because there is no right to the invention in that country. Another important point is that each country has its own specific requirements for granting a patent. Therefore, the patent application will always have to be adapted to the laws of each country.
Finally, it is important to mention that if your wish is to protect your industrial property in the countries that are signatories to the European Patent Convention, it is possible to file a European patent application through a single and completely centralized process at the EPO (European Patent Office).
The scope of the patent granted by this institute is the same in all designated countries, however, it only takes effect after validation in each of the territories where the creation is to be protected. Validation is the delivery, to the institute of each location, of a translation of the chosen patent, in the official language of the country in question.
The EPO carries out the entire examination, granting and opposition procedure in accordance with its own procedures and rules. Remember that if you have filed a utility model or invention patent application in Portugal up to 12 months previously, you can use the application to request priority in your European patent application.
Patent Cooperation Treaty (PCT)
The PCT (Patent Cooperation Treaty) method, in turn, offers a broader level of integration. It occurs through the WIPO (World Intellectual Property Organization).
In this multilateral treaty, you have the possibility of making a single international request, being able to enter the national phase in each location of interest individually, having a longer period for the national phase in these countries. Therefore, this is a recommended option when the objective is to protect the creation in a significant number of territories.
Everything will start with the patent process here in the country, in order to guarantee the novelty requirement. Then, the patent application can start the internationalization process through the PCT process.
After the initial filing, there is a 30-month period in which the invention remains novel. Thus, industrial property can begin its internationalization process by filing a patent in other territories.
It is worth noting that the procedure requires the presentation of documents in Brazil and, of course, proof of applicant with WIPO. In this way, a new payment is made in the country of interest and, at the end of the process, the invention is patented in those countries.
What are the deadlines?
Well, let’s start with the CUP, which has the shortest deadlines. This option is the most suitable for those who are already certain or in a hurry regarding the countries where they are interested in securing protection for their invention. From the first filing here in the country, the applicant has 12 months to submit the application in the countries of interest. This obviously speeds up the decision, however, it requires adequate preparation to meet the deadlines.
As for the PCT, it offers 30 months after filing with WIPO. Therefore, it is an alternative that allows the person/company to better explore the markets. The PCT ends up offering time to make an in-depth study of the markets that have the greatest potential and, of course, to know where protection will be most relevant according to their market interest.
Personalized consultancy for filing an international patent application
Initially, obtaining a patent in other countries may seem like a simple task. However, it requires gathering a large number of documents and going through some very complex steps, and of course this requires knowledge and time. Without help in dealing with all the bureaucracy, there is a very high risk that the invention will be registered first in another part of the world.
So, to avoid a big problem, the best solution is to hire a company specialized in international patent registration, such as VILAGE, which identifies the main needs and helps to conduct the steps of the process until the invention is patented in the countries of interest.
With this help, the process becomes faster and easier, providing extra security for this stage. So be sure to count on the support of a good specialized company to avoid serious errors in the process. The specialists will monitor the information and take care of all requests for documents that may arise during the process.
See some of the advantages of having the process supervised by someone who really understands the subject:
- High chance of having the patent granted abroad;
- Quick action in cases of irregularities;
- Structure to monitor the process weekly;
- Guidance and updates during the process.
Frequently Asked Questions
You can file in just one country, however, any commercial operations involving the patent, such as licensing or even selling the patent, are restricted to that territory, since exclusivity will only be assured in the countries where the filing was made and the patent was granted.
Furthermore, it is important to mention that, to make an applicant abroad, it is necessary to have documents legalized and technically translated, therefore, it is essential to carefully evaluate whether it would not be more interesting and viable to have the same or a similar cost to obtain a more comprehensive right, gaining protection in a greater number of countries.
As for the investment for the international patent application, the value is more significant than here in Brazil due to the involvement of other currencies and the increase in bureaucracy.
Therefore, we cannot set a specific price, as rates vary according to several factors, as well as the services that are hired to help with the task. What really matters is to keep in mind that this investment is made in security and even in international profits.
When you want to acquire localized protection in a few countries, individual applicant are a very interesting option. However, you will need to have them approved and meet the requirements. It is important to remember that this can be more work.
The PCT, in turn, is recommended when the person/company wishes to have greater protection. After all, it allows a large number of countries to be covered, if that is the applicant’s purpose. In this case, it is important to make it clear that the collection of documents is unique. Therefore, everything is done simultaneously for approximately 140 countries, facilitating the process.
There are three requirements that must be met in order to obtain a patent: industrial application, inventive step and novelty. Therefore, if you discover a solution or product in China, Japan or Russia, for example, it will be difficult to obtain protection here in Brazil, as it is very likely that the novelty requirement is not met. Therefore, you need to be very careful, doing prior research to understand what the chances are of obtaining the desired patent. Relying on the assistance of an office specialized in intellectual property is, without a doubt, the best solution for this.
Both individuals and legal entities, or their duly appointed attorney.
