Patents protect functional inventions — the new, non-obvious solutions you develop — granting the exclusive right to make, use, and sell an invention for 20 years. Not all inventions are patentable, and applications must be carefully drafted to maximise scope and defensibility.
Patent protection is governed by Federal Law No. 17 of 2002 (being updated under Federal Law No. 11/2021 on Industrial Property). Requirements are strict: novelty (no prior public disclosure anywhere), non-obviousness, utility, and enablement — meaning any public disclosure before filing can destroy patentability, making confidentiality essential.
Examination involves filing a detailed specification, drawings, and claims; a 6-18 month prior-art search and examination; publication 18 months after filing; and final grant, typically taking 3-5 years overall. International protection runs through the Patent Cooperation Treaty, extending a single application to 150+ countries with a 30-month window to select national phase jurisdictions.
A critical strategic step is freedom-to-operate analysis — confirming your product does not infringe others’ existing patents — alongside the broader decision of whether to patent at all versus protect core innovations as trade secrets, depending on how long the competitive advantage will last and how easily it could be reverse-engineered.
Patentability assessments and freedom-to-operate analysis before investment in prosecution
Professional patent application drafting with detailed specifications, drawings, and strategically-scoped claims
Prosecution and examination support, including overcoming examiner objections
International patent protection strategy via PCT and multiple-jurisdiction filings
Patent portfolio management, maintenance, and enforcement
Who this applies to: Inventors and research institutions protecting novel inventions; pharmaceutical and biotech companies with new formulations and devices; technology and manufacturing companies developing new processes; startups seeking IP-protected products to attract investment.
See also: IP Due Diligence · IP Licensing & Assignment.
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Ask a questionThis page is provided for general information only and does not constitute legal advice. Law references last reviewed July 2026.
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