Software registration continues to grow rapidly in the Brazilian market. According to the National Institute of Industrial Property (INPI), the increase in the number of requests was 48.4% in 2018, compared to the previous year. Registrations were requested for 2,511 computer programs. Making technology rights official is essential to avoid dangers such as plagiarism, piracy and misuse.
If you are a developer, you must protect your intellectual capital, that is, your ideas, your genius, your inventive capacity are a financial asset. If you don’t register the software, which is the final result of your reasoning, all the effort of creation will have been worthless.
What is a software registry?
It is a document that guarantees ownership of the computer program. In order to obtain the software registration, it is necessary that it be embedded in hardware, as it is necessary to demonstrate its industrial application. In addition, the developer must meet two other essential requirements of a patent: invention and novelty. All this is verified through a technical examination.
How to register software?
In Brazil, computer programs are protected by the Copyright Law and not by the Industrial Property Law. Even so, software registration is done by the INPI. To order, you must first pay a fee. Currently, in June 2019, the amount is R$ 185.00. Click here to see the values from the INPI table. However, it is not recommended to do these procedures alone if you are not a lawyer or engineer specializing in patents, as we have already explained in this other article here on the blog.
It turns out that, after paying the tab, the second step is to fill out a specific form about software registration and start delivering the documentation. Without an experienced professional to help, it is very likely that you will make mistakes that will harm – or make impossible – the granting of the right to the computer program.
What is the validity of the software registration?
Unlike trademarks and patents, which need to be officialized in each country where your company wants to operate, software registration is recognized internationally. The certificate issued by the INPI will be valid and can be used in legal challenges in any country in the world. As we’ve already talked about here on the blog, in Brazil, the patent is valid for 20 years. However, for a computer program, the protection is extended to 50 years.
Why register software?
Having a good idea is not the same as having a successful idea. The software can be incredible, but to attract global interest and generate a profit, it will need investment in manpower, marketing, sales, distribution and technical assistance. Only with the software registration will it be possible to attract investors to make this whole operation possible and no one will put money into something that isn’t legally protected.
Iplatam assists developers and technology companies throughout this process. If you need help, if you have questions or would like to schedule a meeting with our experts, click here.
