Tuesday, August 24 2021   \  Published by VLG Brazil Intellectual Property.

Provisional Patent Application in Brazil – Chamber approves the bill

The Chamber of Deputies approved on Tuesday (06/29/21) Bill no. 10920/20, proposed by deputies Julio Lopes (PP-RJ) and Paulo Abi-Ackel (PSDB-MG). The proposal will be sent now for analysis of the Senate.

The project was approved in the substitute form of the rapporteur Deputy Efraim Filho (DEM-PB). According to the parliamentarian’s text, the provisional application will be created, a procedure already adopted in other countries, such as Portugal.

“The provisional application will help inventors gain time to make new studies, proofs of concept, and prototypes to improve their technical knowledge before submitting the definitive application”, explained the rapporteur.

The National Institute of Industrial Property (INPI) must establish the conditions of the provisional application, which must contain an application, a clear and sufficient description of the application’s object to allow its implementation, and proof of payment of the government fees.  However, the provisional application cannot claim priority from previous applications. Continue Reading

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