On August 24, 2021, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 39, which updates proceedings for entering into the Brazilian national phase of PCT patent applications and, therefore, replaces Resolutions Nos. 77/2013 and 179/2017.
The Ordinance No. 39 stablishes a significant change over the former resolutions as to the following points:
(i) at least the Portuguese translation of the set of claims or the specification must be submitted along with the request. On the contrary, the application will be considered as removed, independent of notice or office action.
(ii) accurately describes the identifying data of unionist priority (if any) to be mentioned by the applicant: priority application serial number; its filing date; country; applicant(s) and inventor(s).
(iii) stablishes the requirements for acceptance of Powers of Attorney submitted with the request for national phase entry (or within the following 60 days). Such Powers of Attorney must include:
- qualification of the grantor and grantee;
- Date and place of execution;
- Grantor’s signature (or its authorized proxy);
- Information defining the scope of powers granted, such as of requesting invention or utility model patents, applying for industrial property rights, or representing the grantor before the BPTO;
- Special power of receiving summons from Court, in case the applicant is located abroad.
The Ordinance No. 39 will enter into force on September 1st, 2021, and can be obtained (in Portuguese) in the following link:
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