Software – Additional information

Software is a set of instructions or statements to be directly or indirectly used by a computer, in order to obtain a certain result. It consists of a source code written in a certain programming language. The software registration in the National Institute of Industrial Property – INPI, by the Copyright Law (Law No. 9,610/98), the Software Law (Law No. 9,609/98), and Decree No. 2,556/98 is the most reliable way to ensure the property and prove the authorship.

Upon INPI’s restructuring at the end of 2016, the Division of Software and Topography of Integrated Circuits – DIPTO was reallocated in the new structure of the Directorate of Patents – DIRPA. Thereafter, studies seeking to remodel the software registration and integrated circuit topography systems were initiated, resulting in a new business view.

Nowadays, the remodeled software registration system is totally electronic and automated (check here the registration process flow), which entered production in September 2017, as of the effective date of Normative Instruction No. 099/2019.

Thereafter, register and other software services in the INPI were no longer permitted on paper, only electronically. An interesting comparison between the characteristics of the prevailing rules up to and after September 11, 2017 can be found here.

INPI’s new software registration system, through the e-Software electronic form, implements important innovations. Among them, we emphasize the digital signature and the digital hash summary.

The digital signature is required in the Veracity Declaration (DV) and the Electronic Power of Attorney documents (when applicable). Considering the declaratory system, digitally signing these documents guarantees the level of legal certainty required for the process, in order to ensure, with a high level of confidence, the authenticity, integrity, and non-repudiation of the authorship of these documents.

The digital hash summary, on its turn, a mechanism to verify the integrity of files and largely used as electronic evidence in computer forensics, is the key to this paradigm breaking: as a result of the adoption of this technology, INPI no longer needs to store the confidential technical documentation (the CD with the source code of the registered software) for 50 years. Now the right holder will generate the digital hash summary based on the file with the source code of the software, transcribing the result in the filling electronic form, and store this file.

The digital hash summary will appear on the registration certificate, and comprises the most important element of the software registration: it is in possession of this information that, in the event of a judicial claim, a technical expert appointed by the Judge will request the source code stored by the holder of the registration, generate the digital hash summary of these technical documents, then compare them and ensure, unequivocally, whether or not there was a change in the original document, as well as certify (or not) the software authorship.

These innovations enabled a completely unbureaucratic and automated registration process, with legal certainty and agility, by issuing the registration certificate within seven business days.

In one year of the system, the results are already exciting: comparing the number of registrations filed in 2018 with those filed in 2017, there was an increase by 48.4% (source: AECON/INPI).

More information can be found in the User Guide to the Electronic Register of Software, available and constantly updated by DIPTO to assist the users in this new registration system.

Digital hash summary - The cryptographic hash function is an algorithm used to guarantee the integrity of an electronic document, so that any modification to the original text generates a completely different hash summary, which allows its use for this purpose.

To register the software it is necessary to change  into digital hash summary excerpts of the software and other data considered sufficient and relevant to identify it, and the right holder is responsible for storing it. The presentation of the hash summary information on the e-Software electronic form, at the time of registration, will ensure that it was not changed during the storage. This technical documentation is essential to characterize the originality of the software with the Judiciary Branch, when applicable. Again: the storage and preservation of the integrity of the technical documentation are the responsibility of the lawful holder and will be essential for future use as digital evidence, that is, the hash summary information and the description of the algorithm in the e-Software electronic form will be essential for validation of this document, stored by the interested party, with the Judiciary Branch. A technical expert can unequivocally assure the judiciary branch whether or not the document was changed, as well as the software authorship.

To prove the authorship of software, it shall be necessary to present the object protected, such as the source code or parts of that code, in court. Hence, the Registration Certificate issued by INPI shall ensure legal protection to the business of the lawful holder of the software.

It is recommended to make a backup in a storing device of the right holder, in order to ensure the integrity of the file over time.

Veracity Declaration (DV) - The applicant of the registration, whether it is the interested party itself (right holder) or its representative, shall digitally sign (digital certificate of the Brazilian Public Key Infrastructure – ICP-Brasil) the electronic DV document, available for download upon generation of the Brazilian Federal Revenue collection slip (GRU) or in the e-Software electronic form, which shall be made available in full with the applicant’s information, whether he is the right holder or the representative. After it is digitally signed (see item 2.6 of the guide), this document shall mandatorily be attached (upload) to the e-Software electronic form. The DV is specific to the required service, and the latter it is related to the number of the GRU issued, that is, there will be a unique DV for each software service request. The DV may be obtained through the “clique aqui” (click here) link below the “Adicionar Declaração de Veracidade” (Add Veracity Declaration) button, in the electronic form or in the “Declaração de Veracidade” (Veracity Declaration) button available at the GRU module, and it must be digitally signed by an individual or legal entity, as it is already digitally signed by INPI.

Electronic Power of Attorney - The electronic power of attorney is a private instrument through which the grantor (right holder) grants powers for the grantee (representative) to use the online system of the e-Software electronic form in INPI. The grantor (right holder) shall digitally sign (ICP-Brasil) the electronic power of attorney. After this signature, the grantee (representative) shall mandatorily sign the DV document and submit both (power of attorney and DV) when filling out the e-Software electronic form, by uploading the document (see item 2.6 of the guide).

The Power of Attorney document with extensive powers, prepared by the grantee himself, shall be attached by him to the e-Software electronic form, digitally signed by the grantor. The representative shall indicate in the e-Software electronic form the administrative powers defined in this power of attorney. The grantee, when first submitting the power of attorney with extensive powers through the e-Software electronic form, shall indicate the administrative powers of the power of attorney submitted, which will allow requesting future software registration services in INPI:

• Request for Software Registration (RPC);
• Change in name (individual);
• Change in Corporate Name (legal entity);
• Change in address;
• Revocation or Renunciation of Power of Attorney;
• Data correction in the Registration Certificate due to applicant’s mistake;
• Surrender of Registration;
• Change in Ownership;
• Request for lift of secrecy.

Once this power of attorney with extensive declared administrative powers has been submitted, the e-RPC electronic form will not require another upload of a new power of attorney for the same services indicated above for the same grantor. The e-INPI system records such information on its database for internal control.

To make questions with respect to software registration or about the progress of registrations, send a message through the Fale Conosco (Contact us) system, choosing the subject “Programa de Computador” (Software).