Assignment of priority rights and power of attorney forms concerning Brazilian patent applications under the new Patent Law (9279/96)


Dear Sirs,

Please note that article 16, paragraphs 6 and 7 of the new Brazilian Patent Law put into force as of May 15, 1997 has stated that:

§ 6º When involving priority obtained through assignment or transfer, the corresponding document must be submitted within 180 (one hundred and eighty) days as from the filing or, if applicable, in up to 60 (sixty) days from the date of entry into the national phase, with no need for consular legalization in the country of origin.

§ 7º The lack of proof within the terms established in this article shall result in the loss of the priority.

Therefore, whenever the applicant in Brazil is different from that in the country of origin, it is imperative that you send us our usual declaration forms, simply signed by the applicants of the application, priority of which is being claimed, notarization and/or legalization not being required, or at least a verified copy of the assignment document, immediately, in order to avoid loss of the priority rights, mainly taking into account that the term to submit this document to the Brazilian Patent Office is of 60 days only as far as the Brazilian phase of PCT applications are concerned, it being of 180 days regarding ordinary applications.

The power of attorney form or an authenticated copy thereof should be submitted to the Brazilian Patent Office at least within 60 days counted as of the Brazilian filing date under penalty of the application being definitely abandoned with no possibility of reinstatement.

Furthermore, the power of attorney form should grant powers to represent the applicant administrative and judicially, including powers for receiving summons. You may use our general power of attorney form which requires neither notarization nor legalization.

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