Regulations of software patents in Brazil

In August 2020, The Brazilian Trademark and Patent office (INPI) created a guideline stating rules for the examination of patent implemented through software.  The guideline was published for a public consultation and suggestions by interested parties. 

After reviewing the suggestions, INPI issued a final guideline that will be used for examination of software related patents in Brazil. 

It is important to mention that as the software-related patents are based on a process, so it only can be registered as an invention patent and have to comply with the requirements established on the Brazilian law. 

Moreover, the Brazilian law does not allow a patent of a software itself.

It is mandatory the relation with a device, so the product can be patented or the device functionality. 

Peduti Advogados has patent attorney specialized on patent matters, if you have any question regarding a software-related patent and the requirements feel free to contact us.

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Lawyer Author of the Comment: Laila dos Reis Araujo

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”