Um estudo comparativo do reguardo de patentes entre países: elaboração de um guia para depósito de patentes no INPI, USPTO e EPO

Abstract

The present research analyzed the intellectual property right, following industrial property in the scope of the patent application process in three international regions. The purpose of the study was to compare the patent application process in Brazil, the United States of America and the European Union, with a focus on patentability, cost, term and term for the acquisition of the patent for the preparation of a guide for filing in these regions. The work was developed based on Brazilian, American and European intellectual property protection laws, including data collection, documentary research and bibliographic analysis, with emphasis on its regulatory bodies: INPI, USPTO and EPO, to improve the theme. With the analysis carried out, a guide was produced with the step by step of the patent application process, in which it highlights the existing differences of the countries surveyed, not only in relation to the process, but also in relation to other aspects, such as: patentability , the term, costs and terms. It was found that, with regard to patentability, validity and costs, it would not be the deciding factor, depending on the invention, however, the deadline stood out in the differences. In Brazil, the time to obtain a patent, depending on the technological area, can reach 13 (thirteen) years, as indicated by the INPI, in the Activities Report for the year 2018 (BRAZIL, 2018), while in the United States of America and the European Union, it takes, on average, 3 (three) years to grant the patent, according to the statistics of the World Intellectual Property Organization, 2020. It was found that this disparity of time occurs for several reasons, among them the bureaucracy of the Brazilian system for examining the order and insufficient skilled labor for the analysis of inventions. Thus, the time factor for analyzing and granting the patent is the biggest difference among the other areas studied, which is one of the relevant concerns for researchers, and may be the determining point for choosing the location for the deposit. It is hoped with this guide that anyone, regardless of instruction or specific knowledge, will be able to request the protection of their invention, since the guide was made to be accessible to any type of inventor, in order to encourage the creation, research and innovation for economic, technological and social growth to improve the quality of life for all.