Patent Abbreviations

 

What is a patent?

Patent is an exclusive right over an industrializable invention or creation, granted by an official public body.

A patent can confer exclusivity on products, tools, procedures and processes, as long as the project is presented, that is, documentation that explains the invention and proves its feasibility. This project is not to be confused, therefore, with a prototype.

Through the patent, the author of the invention prohibits third parties, without his consent, from producing, using, offering for sale, selling or importing the patented product, or product resulting from a patented process.

In Brazil, the body responsible for issuing patents is the National Institute of Industrial Property – INPI. The patent is only valid in the national territory. In addition, the document confers a temporary property title, given that it has a fixed term, which varies according to the type of patent.

The holder of a patent is obliged to exploit the patented object. If not, the patent can be licensed compulsorily, allowing other producers to make use of it.

The rules related to patents are provided for in Law No. 9,279/96 (Industrial Property Law).

What are the requirements to obtain a patent?

To obtain a patent, the object must meet four requirements:

Novelty: the object of the patent must be new in the scientific community. It is not possible to patent something that already exists.

Inventive activity: the inventive activity consists of the author’s degree of contribution to the existence of that new product or process. Thus, it is expected that the existence of the object of the patent would not be possible without the author’s idea.

Industrial application: the object of the patent must be capable of industrial application, that is, in manufacturing.

No impediment: the object of the patent cannot be framed in any of the impeditive causes of Law No. 9,279/96. Among them are:

  • what is contrary to morals, good customs and security, order and public health;
  • substances, materials, mixtures, elements or products of any kind, as well as the modification of their physical-chemical properties and the respective processes of obtaining or modifying them, when resulting from the transformation of the atomic nucleus;
  • all or part of living beings, except for transgenic microorganisms that meet the three patentability requirements: novelty, inventive step and industrial application – provided for by law and which are not mere discoveries.

Who can apply for the patent?

The patent may be requested by the author (individual or legal person), by the author’s heirs or successors, by the assignee or by another person indicated in an employment contract or service provision.

When the object of the patent is held by two or more people, any one of them can apply on behalf of all of them.

When two identical patents are applied for, the individual who applied first to the National Institute of Industrial Property – INPI will be entitled, regardless of the date of invention or creation.

Types of patents and their validity periods

According to Law No. 9,279/96, the types of patents existing in Brazil are:

Patent of Invention (IP)

Products or processes that meet the requirements of inventive step, novelty and industrial application. Its validity is 20 years from the filing date (presentation at the National Institute of Industrial Property – INPI).

Examples: band-aid, safety pin, electric iron, etc.

Utility Model Patent (MU)

Object of practical use, or part of one, subject to industrial application, which presents a new form or arrangement, involving an inventive act, which results in a functional improvement in its use or manufacture. Its validity is 15 years from the date of deposit.

Examples: left-handed shears, tree pruning shears, etc.

There is also a title called Certificate of Addition of Invention (C), which aims at the improvement or development introduced in something already invented, therefore, it does not need to have an inventive step. The certificate will be part of the patent and with the same expiry date as this one, so it is not considered a type of patent, since it works as an accessory document.

Is it possible to patent an idea?

It is not possible to patent ideas. For this reason, an understandable design of the product or process to be patented is required, capable of proving its feasibility. According to Law No. 9,279/96, the following are not considered inventions or utility models:

  • discoveries, scientific theories and mathematical methods;
  • purely abstract conceptions;
  • commercial, accounting, financial, educational, advertising, lottery and inspection schemes, plans, principles or methods;
  • literary, architectural, artistic and scientific works or any aesthetic creation;
  • computer programs themselves;
  • presentation of information;
  • game rules;
  • operative or surgical techniques and methods, as well as therapeutic or diagnostic methods, for application to the human or animal body;
  • all or part of natural living beings and biological materials found in or isolated from nature, including the genome or germplasm of any natural living being and natural biological processes.

How to apply for a patent?

Patent applications can be made in the following ways:

  • via the internet, on the portal of the National Institute of Industrial Property – INPI;
  • at the agency’s headquarters in Rio de Janeiro;
  • in representative bodies of the INPI in other Brazilian capitals;
  • by mail, with acknowledgment of receipt addressed to the Patent Office.

Applications can be made in your own name. There is no need to hire a lawyer or a specialized office.

The protection conferred by the patent will only take effect with the approval of the application, not with its submission.

Differences between trademark and patent registration

In the business world, confusion between trademark and patent registration is common, although the institutes protect different objects.

While the patent aims to guarantee an exclusive property right over an invention or utility model, the trademark registration serves to guarantee the exclusive use of a trademark, that is, any distinctive sign (images, sounds, expressions, etc.) manufacturer or service provider.

As with the patent, the registration of trademarks is also in force throughout the national territory and is also required before the National Institute of Industrial Property – INPI. Once obtained, the owner prevents competitors from using the trademark. This process has nothing to do with patents.

List of Acronyms Related to Patent

APJ Administrative Patent Judge
AARPTA Allens Arthur Robinson Patent & Trade Marks Attorneys
APLF Association of Patent Law Firms
ASPA Association of Singapore Patent Agents
APS Automated Patent System
BPAI Board of Patent Appeals and Interferences
BYPASS British Patent
BP British Patent
BAGPIPE British Patent
BMP Business-Method Patent
CPOR Canadian Patent Office Record
CPR Canadian Patent Reporter
CPR Canadian Patent Rules
CPD Canadian Patents Database
CPTI Center for Patent and Trademark Information
CIPA Chartered Institute of Patent Agents
CPA Chartered Patent Agent
CPA Chartered Patent Attorney
CPI Chemical Patents Index
CPC Community Patent Convention
CPR Community Patent Review
CPA Computer Patents Annuities
CPDA Copyright Patent and Designs Act of 1988
CCPA Court of Customs and Patents Appeals
CPP Current Patent Practice
DPDT Department of Patents, Designs and Trademarks
DWPL Derwent World Patents Legal
DBP Deutsches Bundespatent
DRP Deutsches Reichspatent
DPCII Directive on the Patentability of Computer Implemented Inventions
EPC Eco-Patent Commons
EPAP Electronic Patent Application Processing
EP Emancipation Patent
ESP End Software Patents
EAPO Eurasian Patent Organization
EPA Europaisches Patentamt
EP European Patent
EPA European Patent Attorney
EPC European Patent Convention
EPLA European Patent Litigation Agreement
EPO European Patent Office
EPOS European Patent Office Synonyms
EPO European Patent Organisation
FPAS Foreign Patent Access System
GMPI General and Mechanical Patents Index
GPCI General Patent Corporation International
GADPTRA Generic Animal Drug and Patent Term Restoration Act
GPI Global Patent Information
HSPDA Hemodynamically Significant Patent Ductus Arteriosus
HKIPA Hong Kong Institute of Patent Attorneys
IPA Indian Patents Act
IMPACT Information Management for the Patent Cooperation Treaty
IPTA Institute of Patent and Trade Mark Attorneys of Australia
IPSS Integrated Patent Search System
IPTA International Patent and Trademark Association
IPA International Patent Application
IPCR International Patent Classification Reform
IPC International Patent Classifications
IPOD International Patent Organism Depositary
IPTC International Patent Trading Company
IPRP International Preliminary Report on Patentability
IPNS Internet Patent News Service
ITPV Intratumoral Patent Portal Vein
IPTO Italian Patent and Trademark Office
JFPC Japan Foods Patent Center
JP Japanese Patent
JPO Japanese Patent Office
KPAA Korea Patent Attorneys Association
K-PION Korean Patent Information Online Network
LPS Legal and Patent Search
NPA National Patent Association
NPL Non-Patent Literature
OIPE Office of Initial Patent Examination
OPLA Office of Patent Legal Administration
OPP Office of Patent Publication
OPML Office of Patented Medicines Liaison
OPA Open Patent Alliance
OPLA Oregon Patent Law Association
PTO Patent & Trademark Office
PAJ Patent Abstract of Japan
PAG Patent Advisory Group
PQR Patent and Quality Review
PTAS Patent and Trademark Assignment System
PTCS Patent and Trademark Copy Sales
PTOS Patent and Trademark Office Society
PTOU Patent and Trademark Office University
PACE Patent Application Capture and Entry
PAIR Patent Application Information Retrieval
PALM Patent Application Location and Monitoring
PAM Patent Application Management
PAMS Patent Application Management System
PAF Patent Applied For
PAC Patent Assistance Center
PCT Patent Cooperation Treaty
PDA Patent Ductus Arteriosus
PDV Patent Ductus Venosus
PEP Patent Examination Procedure
PFO Patent Foramen Ovale
PICS Patent Image Capture System
PIW Patent Images on the Web
PIZ Patent Information Centre
PAIR Patent Information Retrieval
PIY Patent It Yourself
PL Patent Law Division
PALLET Patent Law Treaty
PLT Patent Law Treaty
PLA Patent License Agreement
PRV Patent- och Registreringsverket
POPA Patent Office Professional Association
POR Patent Office Record
PVS Patent- og Varemærkestyrelsen
PPD Patent Policy Directorate
PPF Patent Policy Framework
PPWG Patent Policy Working Group
PPV Patent Procesus Vaginalis
PRA Patent Reform Act of 2011
PRINT Patent Rules
PR Patent Rules
PTA Patent Term Adjustment
PTC Patent, Trademark and Copyright
PTCJ Patent, Trademark and Copyright Journal
PCII Patentability of Computer-Implemented Inventions
PI Patente de Invenção
PMPI Patented Medicine Price Index
PATOS Patent-Online-System
PDJ Patents and Designs Journal
POTW Patents on the Web
PRH Patentti-ja Rekisterihallitus
PASP People Against Software Patents
PPA Plant Patent Act
PPAF Plant Patent Applied For
PPF Public Patent Foundation
PUPA Published Unexamined Patent Application
RPA Registered Patent Agent
RPDA Reversed Patent Ductus Arteriosus
SPLG Small Patent Law Group
SPI Software Patent Institute
SPTO Spanish Patent and Trademark Office
SCP Standing Committee on the Law of Patents
SPLA Student Patent Law Association
SNQS Substantial New Question of Patentability
SNQ Substantial New Question of Patentability
SPLT Substantive Patent Law Treaty
SPLAT Substantive Patent Law Treaty
SPECIALIST Supervisory Patent Classifier
SPC Supervisory Patent Classifier
SPE Supervisory Patent Examiner
SIPF Svenska Industriens Patentingenjörers Förening
SPRO Swedish Patent and Registration Office
TCMPD Traditional Chinese Medicine Patent Database
TPI Turkish Patent Institute
UKPA United Kingdom Patents Act 1977
USP United States Patent
USPA United States Patent Act
USPTO United States Patent and Trademark Office
USPC United States Patent Classification
USPC US Patent Certificate, Inc.
WPIS WIPO Patent Information Services
WPI World Patent Index
WPIL World Patent Index Latest
YSPO Y.SHIN Patent Office