Innovation in artificial intelligence (AI) is rapidly changing industries, prompting Brazil, the United States, and Europe to establish distinct patent requirements. Brazil's Industrial Property Law regulates AI inventions, emphasizing that while software cannot be patented, AI systems demonstrating a specific technical effect can be. The guidelines from the Brazilian Patent and Trademark Office specify that AI inventions must fulfill patentability criteria including novelty, inventive step, and industrial application. This tailored yet stringent approach aims to protect technological advancement without allowing overly broad claims.
Brazil's approach to AI patentability requires inventions to show a specific technical effect, following existing industrial property laws rather than establishing separate rules for AI.
Patent applications for AI in Brazil must demonstrate inventiveness and usefulness, aligning with general standards, but must also display an applicable technical effect as stipulated in guidelines.
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