The patent is the act, which grants to the inventor, the right of exploiting its object exclusively, during a determined period of time.
It is the tool through which the development of new technologies is stimulated once it insures the inventor's and the investor's exploitation rights.
The patent is the right which grants use exclusivity of its object, such right being incorporated to the assets of a company, for instance, helping it to define market strategies to hit the public target.
Who can apply for a Patent?
Everyone who has developed a product, a manufacturing process or even an improvement in any known product and/or process is able to apply for patent protection before the BRPTO.
Kinds of Patents
There are two kinds of patents: the Invention Patent. the Utility Model. The law does not define the invention patent, it only states that is possible to object of patent he invention that fulfills the requirements of novelty, inventive act and industrial applicability.
As a general rule, any an all products or manufacturing processes developed in the most different areas of knowledge, can be protected as an invention patent, since it bears a substantial innovation in relation to what is known in the art and since it contributes to the economical development of the Country.
The Utility Model is defined by the Law as "every object of practical utilization or its part, subject to industrial application, which presents a new form or disposition, involving an inventive act that results in functional enhancement of its utilization or in its manufacturing.
"The patent classification according to one of the above mentioned types takes place at the moment of its filing, depending on the features of the invention which are intended to be protected.
Patents Validity
The INVENTION PATENT shall remain in force for 20 (twenty) years counted from its filing date.The UTILITY MODEL shall remain in force for 15 (fifteen) years counted from its filing date.
Invention made by employees or contracted personnel