Brazil Change Filing Procedure Update

The Brazilian Patent Office has currently issued Order No. 20, which changes the procedures for recording transfer of rights, change of name/company name, change of address, and guarantee or pledge of any nature by patent right holders, and will officially come into effect on October 13, 2024.

Patents involved:

• The legal representative who signs the transfer document must attach a certificate of transfer of rights.
• The change of address must be accompanied by a statement from the owner or his representative stating the specifics of the change of address.
• The documents accompanying the application may be digitally signed using a certificate issued by ICP-Brasil, and other digital authentication methods contemplated by specific BPTO regulations may also be accepted.
• Digitally signed documents from foreign sources are exempt from notarization, authentication or apostille.
• Every document in a foreign language must be accompanied by a corresponding Portuguese translation, without the need for a sworn statement by the translator.

Regarding trademarks:

• For foreign companies, if the signatory is an authorized representative or lawyer, a certificate of transfer of rights signed by both parties is required.
• Brazilian companies must provide the Brazilian Articles of Incorporation to prove the change of address. Foreign companies may only use a Declaration of Change of Address.
• For digital signatures, you may consider using a digital certificate issued by ICP-Brasil.
• No notarization or certification is required for transfer or change.
• Just a simple translation.