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December 21, 2016

Brazilian Patent and Trademark Office published a new resolution regarding the assignment of priority rights as well as the assignment of the application in connection with PCT applications

Resolution No. 174 published by the Brazilian Patent and Trademark Office on 6 December 2016 established new rules for Brazilian National Phases of PCT applications regarding assignment of priority rights and the assignment of the application.
 
As can be noted in the attached English version of said Resolution, in case the applicant of the PCT application is different from the one indicated in the priority document, an assignment of priority document must be submitted within a period of 60 days counted from the Entry date of the National Phase in Brazil and such document must be dated prior to the international filing date of the application.
 
Additionally, in case the ownership of the PCT application has been changed during the international phase of the PCT application and such change in the person of the applicant has not been recorded at WIPO, it will be necessary to submit a simple copy of the assignment deed.
 
In case the change in the person of applicant is carried out after the entry date of the National Phase in Brazil, the application must be filed in the name of the applicant indicated in the PCT application and subsequently an assignment shall be filed before the Brazilian Patent and Trademark Office following the administrative proceedings of the Brazilian Patent Office.
 
It is also stated in this Resolution that the same applies to all cases that are undergoing the acceptance stage at the patent office. However, it is additionally stated that, during a period of 90 days counted from the publishing date of the present Resolution, assignment of priority rights signed after the international filing date will be accepted if they contain a clause stating that the same has retroactive effects. Such transitory acceptance is unclear and we believe that the Patent and Trademark Office shall provide further clarification.
 
Our local IP associations will most likely contest such Resolution formally, since there are reasons to question the Resolution's legality.
 
Should you require further information in this regard, please do not hesitate to contact us. mail@kasznarleonardos.com.
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