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4 de November de 2025

Ordinance INPI/PR No. 34/2025 and 35/2025: INPI updates examination rules for technology and franchise agreements

On October 24th, 2025, the INPI (Brazilian Patent and Trademark Office) published Ordinances No. 34/2025 and 35/2025, which address administrative procedures and the updating of guidelines applicable to the analysis, registration, and recording of contracts involving industrial property, franchising, and technology transfer.

The regulations, which come into effect on December 15th, 2025, represent an important adjustment in the Institute’s contract management, by defining more precisely the types of administrative acts, formalizing procedures, and standardizing examination and documentation criteria.

Main changes

  • Distinction between Recordal and Registration
    The Ordinance formalizes, for the first time, a clear difference between them:

    • Recordal – ​​applies to contracts involving industrial property rights (assignments, licenses and sublicenses);
    • Registration – intended for technology transfer, technical assistance and franchise contracts;
    • In hybrid contracts, the Institute will issue a Registration and Recordal Certificate.
  • Changes to the Registration and Recordal Certificate
    The “Declared Contract Value” now corresponds to the full value of the instrument, and no longer to the value limited to the recordal period.

In addition, the item “Registration/Recordal Period with the INPI” was created, which indicates the time the contract will remain recorded with the Institute, distinct from the “Declared Contract Term”, which now exclusively reflects the period agreed between the parties.

  • Standardization of Complementary Services
    The Ordinance also standardizes the procedures for consultation, certification, and provision of copies, establishing minimum requirements and reaffirming the confidential nature of technology contract processes.

These measures reinforce INPI’s commitment to transparency and seek to provide a more secure environment with greater speed and efficiency.

If you wish to obtain more information on this topic, our Contracts team is available via email at felipe.monteiro@kasznarleonardos.com.

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