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Intellectual Property Bulletin

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BRAZIL

BRAZILIAN PATENT OFFICE ISSUES RESOLUTION NO. 179 OF MARCH 1st 2017

The Brazilian Patent Office issued Resolution No. 179 of March 1st 2017 revoking previous Resolution 174, by the means of which confirmed that the assignment of the priority document signed after the PCT application’s filing date is valid.

 

Therefore, the date on which the assignment was signed is not relevant to ensure the documents validity. Nonetheless, it is still mandatory to submit this document within the first 60 days from the date of entry into Brazil, along with a simple translation of the document to Portuguese.

If there were to be a change of ownership of a PCT application when entering the national phase in Brazil, that has not been registered in the WIPO it will be mandatory to submit an  assignment document proving the change of ownership of the PCT application together with a simple translation into Portuguese.

On the other hand, if the assignment takes place after the date of entry of the national phase in Brazil, the applicant must be the same person indicated in the PCT application. Thus, to go forth with any changes, a POA must be filed in the name of the new owner as well as the assignment document duly which must be legalized and signed between the parties.