Patent registration at the INPI in São Paulo
Prior-art search, filing, monitoring INPI technical requirements, nullity defense and patent licensing. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsA patent protects the invention — a new product or process with inventive step and industrial application (LPI, Law 9.279/1996). Registration at the INPI runs through a prior-art search, filing with specification and claims, technical examination and monitoring of office actions — a process of years conducted with strategy from the filing.
The stages and risks of patent registration.
- Prior-art searchState-of-the-art research — Brazil and abroad — to assess novelty and inventive step before filing.
- Filing and claim draftingSpecification and claims: the scope of protection is designed here — too narrow protects little, too broad falls for lack of novelty.
- Monitoring technical examinationINPI office actions, merit opinions, submissions and the technical dialogue with the examiner over years of prosecution.
- Nullity defenseA granted patent can be annulled administratively or judicially — defense and attack in nullity proceedings.
- Opposition and third-party observationsThird-party submissions during examination — observations against others' applications and defense against observations on yours.
- Licensing and exploitationPatent license agreements, technology transfer and commercial exploitation of the right.
- Coordination with trademarks and industrial designPatent, trademark and industrial design are distinct registrations — the IP strategy coordinates the three.
Novelty, inventive step and industrial application — the three requirements.
A patent does not protect an idea: it protects the concrete technical solution meeting the LPI's three requirements. Novelty means not being in the state of the art; inventive step means not being obvious to a person skilled in the art; industrial application means being manufacturable or usable. The prior-art search is what assesses the odds before the filing is spent.
Claims are the heart of the patent: they define what is protected. An overbroad claim falls for lack of novelty against the state of the art; an over-narrow one lets competitors design around. Technical-legal drafting — together with whoever knows the technology — is what decides the registration's value.
The INPI process is slow: years of prosecution, with technical office actions, third-party observations and opinions to answer within fatal deadlines. An application shelved for a missed deadline can be restored in specific situations — but professional monitoring is what prevents procedural loss.
A granted patent is not immune: third parties can seek administrative or judicial nullity (LPI, arts. 50-56). And a holder who does not exploit can face compulsory licensing. Protection is maintained through annuity payments and effective exploitation — registration is the beginning, not the end. For trademarks and infringement defense, the dedicated pages cover those institutes.
How we run the case.
- Prior-art searchState of the art in Brazil and abroad — assessing novelty and inventive step.
- Draft the applicationSpecification, claims and abstract — designing the scope of protection.
- Monitor the examinationOffice actions, observations and opinions answered within INPI deadlines.
- Exploit and defendLicensing, annuities and defense against nullity and infringement.
What to bring to the first conversation.
Documents that speed up the review
The invention's technical documentation and the prior-art search are the filing's starting point.
- Technical description of the invention
- Drawings and diagrams, if any
- The inventors' documents
- List of similar products or processes
- The applicant company's documents
- Development history and dates
- Foreign priority, if there is an earlier filing
- Power of attorney for representation before the INPI
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner responsible for the corporate practice (OAB/SP 344.334). Postgraduate in Corporate Law (FGV), he works on company formation and restructuring, shareholder agreements, contracts and succession planning. Member of AASP and AIPLA. Fluent in English.
Meet Renato FalchetCommon questions.
What can be patented?
Inventions meeting three requirements: novelty (absent from the state of the art), inventive step (not obvious to a skilled person) and industrial application. Ideas, theories, business methods and software as such are not patentable — the concrete technical solution is.
How long does patent registration take?
Years — the INPI is among the world's slowest offices for examination. The process runs through search, filing, publication, technical examination with office actions, and grant or rejection. Effective protection starts at grant, but priority counts from filing.
Can a granted patent be annulled?
Yes — by administrative nullity at the INPI or judicially, when a requirement was absent from the start (LPI, arts. 50-56). A strong patent is one that survives attack — careful drafting and prior search reduce the risk.
What is the difference between patent and trademark?
A patent protects the technical invention — product or process. A trademark protects the distinctive sign — the name or logo. They are distinct INPI registrations with different requirements, duration and protection — and the same innovation may need both.
Who owns a patent developed by an employee?
It depends on contract and law: an invention developed by an employee under the employment contract belongs to the employer, with participation secured in some cases. Well-drafted employment and development contracts avoid the dispute.
What if the application is shelved for a missed deadline?
The INPI admits restoration in specific missed-deadline situations — with its own proof and deadline. Professional monitoring of fatal deadlines is what prevents the situation.
Is the invention ready to file — or does it need a search first?
Send the technical description: we assess patentability, design the claims and monitor the process at the INPI, with a written proposal.