Software
➤ Why is it important to register a software?
➤ How to fill in the electronic form?
➤ Can I still use a paper form?
➤ Can I schedule the payment of the GRU after filing the form?
➤ What documents must I attach to the e-Software form?
➤ Who must sign the electronic form?
➤ What is the digital hash summary?
➤ How can I generate a hash summary?
➤ How long does it take to process the request?
➤ Can my application still require an amendment or suffer an appeal?
➤ Who is responsible for keeping the secrecy of the technical documentation?
➤ Do I still need to pay the amount related to the ten-year fee?
➤ Is the software registration only valid in national territory?
➤ I made a mistake when filling out the electronic form. How should I correct the information?
Why is it important to register a software?
Despite the fact that it is not required by law, software registration is essential for proving the authorship of its development before the Judiciary Branch, and it may be very useful in cases of proceedings related to unfair competition, unauthorized copies, piracy, etc., ensuring, thus, that its holder has greater legal certainty to protect his business asset. The right is valid for 50 years as of January 1st of the year after its publication or, in the absence, of its creation. For more information, see section 1 of the User Guide.
I have an idea for a smartphone application. How can I protect my idea and my application so that it is not copied?
The Brazilian Copyright Law (Law nº 9,610/1998), and, subsidiarily, Software Law (Law nº 9,609/1998), grant protection to the software itself, i.e., to the literal expression of the software, that is, its source lines of code. The registration of software in INPI is a way to ensure its ownership and to obtain legal certainty required for protecting your business asset, even, for example, in case of a judicial claim for proving the authorship of or entitlement to the software.
It is recommended that the software is sufficiently completed before filing its application in INPI; this will ensure the broadest possible comprehensiveness for the protection of its source code. Thus, as new versions of the same software are developed, they may also be registered. There is no limitation for the number of registrations for the same software in INPI.
It is worth to mention that solely-conceptual software, i.e., software that is still only an idea, may not be protected.
Software registration in INPI is quick, fully electronic, and a certificate is issued usually within 7 days.
For more information on the subject, see the User Guide.
How to fill in the electronic form?
To fill in the electronic form, the following is necessary:
- To pay the corresponding GRU (code 730);
- To download the Veracity Declaration (DV) document and sign it digitally;
- To turn the technical documentation (source code) into a digital hash summary; and
- To fill out the e-Software electronic form.
For more information, see section 3 of the .
No. Since the entry into force of INPI Normative Instruction No. 074/2017, on September 12, 2017, which created the electronic form for deposit, this is the only way accepted for making a software registration request to INPI.
Can I schedule the payment of the GRU after filing the form?
No. After the form has been filed, failure to pay the Brazilian Federal Revenue collection (GRU) or even to schedule payment to a later date, shall entail non-acceptance of petitions (decision code No. 742 – see section 2.2.3 of the User Guide). We recommend that the GRU is paid before filing the form.
What documents must I attach to the e-Software form?
To file the application, the only documents that must be attached to the electronic form are the Veracity Declaration (DV) and the Power of Attorney, as the case may be (see sections 2.4 and 2.5 of the User Guide). Attaching any other document is no longer necessary.
Who must sign the electronic form?
In order to file the application, the digital signature of the holder of the right and the representative (as the case may be) is required. Without a representative, the holder shall sign the Veracity Declaration (DV) document with his electronic Individual Taxpayer's Register (e-CPF) (for an individual) or electronic National Corporate Taxpayers Register (e-CNPJ) (for a legal entity). If there is a representative, both digital signatures are required – one in the power of attorney, from the holder of the right, and the other in the document DV, from the representative (by mandatorily using his e-CPF). For more information, see section 2.6 of the User Guide.
What is the digital hash summary?
The hash summary is a text with fixed length containing letters and numbers, to be copied and pasted in the relevant field of the electronic form, together with the identification of the algorithm used to generate it (see section 2.7 of the User Guide, items 8 and 9). This summary will be a part of the Certificate of Registration.
How can I generate a hash summary?
The generation of the digital hash summary from the technical documentation (source code) may occur from a single source file (PDF, DOC, TXT, etc.) or a collection of files compacted in a single ZIP or RAR file. In any of the cases, it is highly important that the same file used to generate the hash is kept undamaged by the applicant, preferably in more than one digital means of storage (backup).
How long does it take to process the request?
After filing of the application and the GRU is paid, the term for issuance and availability of the certificate in INPI’s portal is up to 10 calendar days from the date of application.
Can my application still require an amendment or suffer an appeal?
No, because there is no amendment and appeal anymore. After filing of the application, only two situations are possible: registration granted or non-acceptance of petitions.
Who is responsible for keeping the secrecy of the technical documentation?
Keeping the technical documentation (source code) that composes the application is no longer INPI’s responsibility, but the applicant’s responsibility, i.e., the Holder of the Right (see section 2.3.1 of the User Guide). He will be the person responsible for ensuring perfect integrity for it as long as necessary.
Do I still need to pay the amount related to the ten-year fee?
No. The registration remains valid for the entire effectiveness, i.e., 50 years, as of January 1st of the year following the publication or, in the absence thereof, following the creation, with no need for payment of the ten-year fee.
Is the software registration only valid in national territory?
No. The software registration is not territorial, i.e., it is covered internationally, within 175 countries signatories of the Berne Convention (1886).
I made a mistake when filling out the electronic form. How should I correct the information?
In order to correct or insert information in the Certificate of Registration, due to your own fault, you must issue and pay the GRU of the code 747 and attach it to a message in the system Fale Conosco (Contact us), specifying the changes sought (see section 7 of the User Guide). In case of INPI’s fault, the error and the correction required must be informed to INPI, through the system Fale Conosco (Contact us) by identifying the number of the process at stake. After the due changes are made, INPI shall make available, in its Internet portal, the updated Certificate of Registration, without any cost to the applicant.
What is the difference between the services of Change in Ownership and Change in Name/Corporate Name?
Do not confuse the service of “Change in Ownership” (code 704) with “Change in Name” (code 731) or “Change in Corporate Name” (code 732). The latter is processed for the same CPF or CNPJ, respectively (see section 4.2 of the User Guide). The former may only be made by the holder of the right (assignor) or his representative (see section 4.3 of the User Guide). The assignment agreement document shall be signed by the parties and be maintained by the assignee. If the transfer is erroneously filed by the assignee, with a paid GRU, the system will consider the non-acceptance of petitions, without the right to a refund of the amount paid.