PCT NATIONAL PHASE ENTRY
Brazil

Brazil, encompassing roughly half of the South American continent, played a pivotal role as a founding approver of the Paris Convention. Additionally, Brazil stands as a signatory nation to the agreements of the World Trade Organization.The Brazilian economy, positioned as the third-largest in the Americas, has been a member of the Patent Cooperation Treaty (PCT) since April 9, 1978. Despite facing an extended examination period, the Brazilian Patent Office took significant steps in 2019 to address the persistent patent backlog, committing to reducing it by a minimum of 80% over a two-year timeframe. Presently, the proactive plan aimed at alleviating the patent backlog is demonstrating favorable progress.

The major requirements and procedure to file a patent application in Brazil are mentioned below:

The designated period for submitting a patent application in Brazil under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

In the following jurisdiction, Portuguese is the required official language for submitting patent applications. If the international application is in a different official language, it is necessary to provide a translation into Portuguese. This ensures precision and adherence to regulations, facilitating a smooth and hassle-free progression through the patenting procedures.

The timeframe for submitting a patent application in this region is subject to a potential extension of 60 days, granted valid reasons are provided. It is imperative to note that, upon entry into the Brazilian PCT national phase, claims, title, and abstract must be presented in Portuguese. Although there is a provision for the late submission of the remaining translation, this is permissible within 60 days from the initial filing date.

The essential documents required for filing a national phase application include:

• Priority Document: certified copy must be submitted within 60 days of the filing date.
• Power of Attorney: digitally signed POA suffices for application filing that can be submitted within 60 days from the filing date.
• Inventor's Authorization: Submitting the application is advised if the applicant differs from the inventor, and this can be done within 60 days from the filing date in Brazil. No official legalization or notarization is necessary, and filing the Inventor's Authorization is not obligatory.
• Assignment of Rights:   If the PCT national phase applicant differs from the international application's applicant, an Assignment of Rights document must be submitted either upon filing or within 60 days from the Brazilian filing date.

A 60% reduction in filing fee is applicable when the international application is submitted by an individual, a small or medium-sized enterprise, a cooperative, an academic institution, a non-profit organization, or a public institution.

In this country a patent will only be granted following an examination for patentability, which can be requested by the applicant or a third party. The formal request for substantive examination must be filed within 36 months from the international filing date.

Patent Prosecution Highway Program under the PCT

The PPH uses information from the Office of Earlier Examination (OEE) to assist applicants in getting patent rights more easily and with legal certainty in various countries. Also, it aims to make the examination process more efficient for major patent offices worldwide.

PCT-PPH is part of various collaborative efforts. Several bilateral agreements have been established among patent offices to encourage work sharing. This allows patent applicants to seek quicker processing in the national phase, where patent examiners can utilize work products from other offices. These work products may consist of:

• The assessment provided by the International Searching Authority,
• The evaluation conducted by the International Preliminary Examining Authority, or
• The report from the international preliminary examination under the PCT framework, depending on specific conditions.

The National Institute of Industrial Property of Brazil (INPI) has established PCT-PPH

Japan (JP): Japan Patent Office

The fees are to be paid within three months from the second and every subsequent anniversary of the international filing date. If this three-month period concludes before the deadline for entering the national phase, the initial annual fee can be settled within three months after that deadline. Additionally, payment remains feasible for an extended period of six months following the conclusion of the initial three-month period.

In Brazil, regular patents for inventions have a duration of 20 years starting from the application date at the national industrial property authority (INPI). However, if the examination by the patent office extends beyond 10 years, invention patents will be valid for at least 10 years from the date on which the patent was granted.

The Global Innovation Index (GII) evaluates the innovation capacities of global economies by considering approximately 80 indicators categorized into innovation inputs and outputs. The GII aims to comprehensively capture the diverse facets of innovation. In the GII 2022 rankings, Brazil is positioned 54th among the 132 featured economies. Notably, there has been a positive shift in its ranking, ascending from the 62nd position in 2020 to the 54th position in 2022, indicating an improvement of eight places.

Ranked as the 12th largest globally, Brazil boasts an economy characterized by diversity and openness, fostering robust trade ties with over 100 nations. The Brazilian government actively encourages foreign investment, particularly in the realms of scientific and technological infrastructure. Benefiting from a moderate climate, top-notch infrastructure, a supportive governmental framework, and abundant natural resources, his country stands as an immensely attractive destination for international investment.