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Intellectual Property Rights - PCT validations in Brazil

Riza E. (Jul 13, 2016)

Procedures and important information before starting the National Stage in Brazil for PCT terms.

The applicant should present, within 30 months from the date of priority, the text in Portuguese, as adapted to the regulations in force, of the application as initially filed abroad (description, claims, summary, drawings and listing of biological sequences, be it the case).

The Priority Document with translation and filing receipt or equivalent document (PCT/IB/304) containing identification data for the application should also be filed with the translation.

A power of attorney, duly signed and dated with translation, is also required.(No Legalization Required).

If the international application allows for more than one priority claim, the oldest priority date will be considered. However, if the international application does not allow for priority claims, the date of filing the international application will be considered.

The start of the National Stage will only be accepted if the applicant files at least the claims in full. In this case, the applicant will have a new 60-day deadline to present all remaining documents, duly translated to Portuguese and adapted.

Amendments to the description, claims, listing of biological sequences and drawings may be performed until the examination is requested, but said amendments cannot go beyond the content of the international application as originally filed.
The requirement for examination of the international patent application should be filed within 36 months from the date of the international application.

If the applicant as mentioned in the filing petition at the start of the national stage is different from the party who filed the previous application which priority is being claimed, a copy of the assignment document, or a statement of assignment or equivalent document should be presented, together with a simple translation within 60 days from the date of delivery of the petition requesting the start of the national stage.

Annuities for a patent application should be paid from the beginning of the third year from the date of international application, and overdue fees must be paid before the petition to start the national stage is presented.

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