On September 13, 2024, the Brazilian PTO published Ordinance No. 20, introducing significant modifications to the procedures and requirements related to recordal of assignment, change of name and address, and the annotation of limitations or burdens for applicants and patent owners in Brazil.
Among the main changes released by the new ordinance, it is highlighted the following key updates:
Acceptance of Simple Translations: One of the most notable changes is the acceptance of simple translations for foreign documents. Sworn translations are no longer required, streamlining the submission process.
Exemption from notarization and legalization or apostille for foreign documents with electronic signature: Foreign documents signed electronically are now exempt from notarization, consular legalization, or apostille. However, the specific certifications for acceptable digital signatures on foreign documents have not yet been defined and will be outlined in a future ordinance from the BPTO.
National Document Certification: For Brazilian applicants or patent owners, supporting documents for the procedures covered by the new ordinance can be signed using digital signatures certified by ICP-Brasil.
Post-Grant Recordal and Certification: When a recordal of assignment or name change is allowed after the patent is granted, the allowance report will now be accompanied by a Certificate of Registration. This change eliminates the need to request corrections or republication of the Patent-letters in the new owner’s name.
New procedure for requesting Recordals: Procedures such as recordal of assignments and name change, which could previously be requested in a single petition, must now be filed separately. Furthermore, when requesting an assignment recordal, documentation evidencing the powers of the legal representatives signing the assignment must be included.
The BPTO states that the Ordinance will come into effect 30 days after the date of its publication, that is, from October 17, 2024.
For more information about Ordinance No. 20, please do not hesitate to contact us.
