Further to our newsletter 12/16, please be informed that the Brazilian Patent Office issued on 1.March 2017 the Resolution No. 179 revoking Resolution 174, which was addressed in said previous newsletter.
According to this new Resolution, the Brazilian Patent Office confirmed that assignment of priority documents signed after the filing date of the PCT application are acceptable. Therefore, the date when the assignment has been signed is not relevant for the acceptance of the document. However, it is still mandatory to submit such document within a period of 60 days counted from the entry date in Brazil together with a simple translation thereof into Portuguese language.
Additionally, in case the change of ownership of the PCT application has not been recorded at the International Bureau of WIPO, upon entering the national phase in Brazil, it will be necessary to submit a simple copy of the assignment document or similar document attesting the assignment of the PCT application, together with a simple translation thereof into Portuguese language.
For the last, if the assignment of ownership takes place after the entry date of the National Phase in Brazil, then the person of the applicant must be the same of the one indicated in the PCT application. In order to change the person of the applicant it will be necessary to follow the current assignment formalities for the recordal of the assignment. Namely, it will be necessary to submit the power of attorney in the name of the new owner as well as the transfer contract executed between the parties, duly signed by their representatives, having their signatures notarized and further legalized.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.