Software – Protecting Digital Innovation: Software & CII Patents in Brazil

Navigating the dual landscape of copyright and patent law for your most complex technologies.

In the global digital economy, software is the engine of value. For innovators in AI, FinTech, IoT, and SaaS, protecting this critical asset in a key market like Brazil is paramount. However, Brazil’s approach to software protection is nuanced, presenting a dual framework that can be a pitfall for the unwary but a powerful strategic advantage when navigated by experts.

While the default protection for software is copyright—safeguarding the literal expression of the source code—this protection does not extend to the underlying inventive concepts that drive your technology’s unique functionality. For that, a more robust strategy is required.

The Strategic Edge: Patenting Computer-Implemented Inventions (CII)

Brazil’s legal framework provides a powerful, often overlooked, route for protecting software-driven innovation: the patenting of Computer-Implemented Inventions (CII). According to the BRPTO’s Examination Guidelines, an invention that uses software to solve a technical problem and produces a tangible technical effect is eligible for patent protection.

This is where we excel. Our team possesses the rare combination of legal acumen and deep technical expertise in computer science and engineering. We understand the distinction between an abstract algorithm and a patentable technical solution. We specialize in framing software innovations—from machine learning models that optimize industrial processes to novel blockchain security protocols—as patentable CIIs that meet the BRPTO’s rigorous standards.

Our expertise covers the full spectrum of modern digital technologies:

• Artificial Intelligence & Machine Learning
• Internet of Things (IoT) & 5G
• FinTech, InsurTech & Blockchain
• SaaS, PaaS, and Cloud Computing
• Medical Devices & Digital Health (SaMD)

Our Integrated Software Protection Services

We offer a holistic service designed to build a multi-layered, defensible IP position for your software assets.

Strategic IP Counseling

Analyzing your technology to determine the optimal protection strategy: patent, copyright, trade secret, or a hybrid approach.

• Advising on open-source software (OSS) compliance and its impact on your IP strategy.

CII Patent Prosecution

• Drafting patent applications that clearly define the technical problem and solution, satisfying CII patentability requirements.
• Navigating the examination process with technically-grounded arguments to overcome examiner objections.

Copyright & Source Code Protection

• Managing the registration of software source code with the BRPTO, creating a public record of ownership and a strong deterrent against literal copying.
• Advising on best practices for source code escrow and confidentiality.

Enforcement and Commercialization

• Litigating complex software patent and copyright infringement cases.
• Drafting and negotiating software licensing agreements, technology transfer contracts, and SaaS/PaaS agreements.
• Conducting IP due diligence for mergers, acquisitions, and venture capital investments.

Your software is the result of significant investment. Let’s ensure it receives the sophisticated legal protection it deserves in Brazil. Contact our software IP specialists today.