Database on Flexibilities in the Intellectual Property System

Legislative Implementation of Flexibilities - Brazil

Title:

Articles 19 (II), 24, 34 (I) and 50 (2) of the Industrial Property Law No. 9.279 of 14/05/1996 (as last amended by Law No.10.196, of 14/02/2001) and Article 31 of the Provisional Act No. 2,186-1 16 of 23/08/2001

Field of IP:

Patents

Type of flexibility:

Disclosure related flexibilities

Summary table:

Provisions of Law

19. A patent application, in accordance with the conditions established by the INPI, shall contain:

II. the specifications;

24. The specifications shall clearly and sufficiently describe the object, so as to permit its reproduction by a technician versed in the subject, and shall indicate, when applicable, the best way of doing it.

Sole Paragraph. In the case of biological material that is essential to the practical execution of the object of the application, which cannot be described in accordance with this Article and which is not accessible to the public, the specifications shall be supplemented by the deposit of the material with an institution authorized by the INPI or indicated in an international agreement.

34. After the examination has been requested, the following must be submitted, within a period of 60 (sixty) days, whenever requested, under penalty of having the application dismissed:

I. objections, search for prior art and results of examination for granting of a corresponding application in other countries, when priority is claimed;

Article 31 of the Act No. 2,186-1 16 of 23/08/2001. Granting of industrial property rights by the competent bodies over the process or product obtained from samples of genetic heritage components is subject to compliance with this Provisional Act. The person or institution applying for the property rights must inform the origin of the genetic material and the genetic knowledge and the associated traditional knowledge, as appropriate.

50. Nullity of a patent shall be administratively declared when:

II. the specifications and claims did not comply with the provisions of Articles 24 and 25, respectively;