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Brazilian industrial property law
date: 1996-05-14

The objects of protection under the Act are: Invention patent, Utility model patent and design patent. The term of protection of a patent for invention shall begin on the filing date 20 years, Or no less than as of the authorization date 10 years; The protection period of the utility model shall start from the application date 15 years, Or no less than as of the authorization date 7 years. Those that cannot be patented have: (1) Violate the law, morality, hygiene, The invention of public safety, etc; (2) A substance obtained by a chemical process or method; (3) medicine, nutritive, Chemical medicinal substance or product and preparation method; (4) alloy; (5) Known technology, A combination of methods or elements, Changing only in form, etc; (6) Use or apply discovery for a specific purpose; (7) operation, Surgical or therapeutic techniques, It does not include devices or equipment; (8) Business bookkeeping, Computing system, program, Plan or scheme; (9) Purely theoretical concept; Nuclear fission material or product and process for making it. In the examination of patents, Brazil uses early disclosure and late review. [1]

That is, from the date of application or priority 18 The patent application will be published in a few months, After publication 24 The applicant submitted a request for review within a month. On the implementation of specialization, The Act provides that the patentee is authorized from the date the patent is granted 3 The patent will be implemented in China within this year, Or the implementation has stopped 1 older, In the public interest, Compulsory licensing may be taken. Regarding patent transfer license, The Act provides that licences shall not restrict the sale or export of the products to which they relate, Nor may restrictions be imposed on the import of materials necessary for the manufacture of the product. There are three types of attribution of inventions by government employees: (1) The service invention belongs to the employer; (2) Non-service inventions belong to employees; (3) The inventor is outside his scope of responsibility, But the employer's equipment was used, The invention was financed, It is jointly owned by both parties.


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