We work in all stages of the patent obtaining process. Inventor, protect your assets against the action of third parties. Obtaining the exclusive right to exploit the invention allows you to maximize your profits.
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We work in all stages of the patent obtaining process. Inventor, protect your assets against the action of third parties. Obtaining the exclusive right to exploit the invention allows you to maximize your profits.
Talk to expert
Want to turn your idea into a recipe? Get in touch now.
Intellinova is a consulting company specialized in granting patents.
A patent is a legal instrument that functions as a property title granted by the state, by force of law, to its holder, which gives him the exclusive right to exploit an invention, which may be in the form of a product, a new process. manufacturing or even improvement of an existing product. This right is valid specifically in the country or region where the patent was granted and generally valid for 20 years.
In contrast to this exclusivity right, often referred to as a monopoly right, the law requires the inventor to provide a complete description of the functioning of the invention when filing a patent. After a period of confidentiality, the order is published and its information and technical details in full are available to the general public.
Other inventors, or technicians in the field, therefore, may consult such information and use it to improve or improve the invention.
The intention is that during the term of the patent, the holder is rewarded for his investments in research and development in the creation of the invention. In this way, the patent system encourages invention and, as a result, drives economic growth.
Intellinova is a consulting company specialized in trademark and patent registration.
A patent is a legal instrument that functions as a property title granted by the state, by force of law, to its holder, which gives him the exclusive right to exploit an invention, which may be in the form of a product, a new process. manufacturing or even improvement of an existing product. This right is valid specifically in the country or region where the patent was granted and generally valid for 20 years.
In contrast to this exclusivity right, often referred to as a monopoly right, the law requires the inventor to provide a complete description of the operation of the invention when filing a patent. After a period of confidentiality, the order is published and its information and technical details in full are available to the general public. Other inventors, or technicians in the field, therefore, may consult such information and use it to improve or improve the invention.
The intention is that during the term of the patent, the holder is rewarded for his investments in research and development in the creation of the invention. In this way, the patent system encourages invention and, as a result, drives economic growth.
Procedures for the patent application
Intellinova has a Patent Department, formed by qualified professionals with over 15 years of experience in the area, who provide services to national and international clients.
As it is a process that requires knowledge of the technical area of the invention, the legislation and standards for its elaboration, the patent application is usually carried out by intellectual property professionals specialized in patents, such as Intellinova, which has a legal body and highly specialized technician.
An important point is that the legislation provides for three requirements for patentability of an invention, which are:
- A first requirement is that the invention must necessarily be new, that is, it must never have been previously disclosed, either by any means worldwide. That is, once the invention is contained in the state of the art, it can no longer be protected.
- A second requirement is that its creation required an inventive step, that is, its development was not obvious to a person skilled in the art, that is, there was a new, unexpected technical effect.
- Finally, the invention must have industrial application.
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Main questions about granting patents
What is patent?
Patent is a temporary property title over an invention or utility model, granted by the State to inventors or authors or other natural or legal persons holding rights over the creation. With this right, the inventor or patent holder has the right to prevent third parties, without their consent, from producing, using, offering for sale, selling or importing a product subject to their patent and/or a process or a product obtained directly through a process. patented by him. On the other hand, the inventor undertakes to disclose in detail all the technical content of the matter protected by the patent.
What are the types of patents and expiration date?
Patent of Invention (IP) Products or processes that meet the requirements of inventive step, novelty and industrial application. Its validity is 20 years from the date of deposit.
Utility Model (MU) Object of practical use, or part thereof, susceptible of industrial application, which presents a new form or arrangement, involving an inventive act, which results in a functional improvement in its use or manufacture. Its validity is 15 years from the date of deposit.
It is worth mentioning that, according to the sole paragraph of art. 40 of the Industrial Property Law, “the term of validity shall not be less than 10 (ten) years for the invention patent and 7 (seven) years for the utility model patent, counting from the grant date, except for the In the event that the INPI is prevented from proceeding with the examination of the merits of the request, due to proven judicial pending or for reasons of force majeure”.
Can I patent an idea?
Not. First, the Industrial Property Law (LPI) excludes from protection as an invention and as a utility model a series of actions, creations, abstract ideas, intellectual activities, scientific discoveries, methods or inventions that cannot be industrialized. Some of these creations may be protected by copyright.
What cannot be patented?
According to the Industrial Property Law, Law nº. 9.279/1996, in its Art. 10. It is not considered an invention or utility model:
I – discoveries, scientific theories and mathematical methods;
II – purely abstract concepts;
III – schemes, plans, principles or commercial, accounting, financial, educational, advertising, lottery and inspection methods;
IV – literary, architectural, artistic and scientific works or any aesthetic creation;
V – computer programs themselves;
VI – presentation of information;
VII – game rules;
VIII – operative or surgical techniques and methods, as well as therapeutic or diagnostic methods, for application on the human or animal body;
IX – the whole or part of natural living beings and biological materials found in nature, or even isolated from it, including the genome or germplasm of any natural living being and natural biological processes.
Is the patent valid only in Brazil?
The patent deposited at the INPI is valid only in the national territory.
