Brasil*

In cooperation with MENEZES GOMES


Power of attorney
(pending)

Basic practical information

INTERNATIONAL TREATIES

Paris Convention

Yes

Madrid System (Agreement or Protocol)

Yes

PCT

Yes

The Hague Agreement

No

Lisbon Agreement for Appellations of Origin

No

Budapest Treaty for Deposit of Microorganisms

Not contracting party but it is accepted

UPOV for Plan Varieties

Yes
PATENTS

Obligation to file first with national office

Yes, only for applications concerning national security/defence

Allowable language(s) for specification upon filing to obtain filing date

Any

Language(s) of translation language(s) of procedure

Portuguese

Time Limit for filing translation as of filing date

60 days

Time limit for filing translation of PCT

60 days

Certification needed for translation

No

Multiple dependency of claims allowed

Yes

Additional claims fees

Yes, for each claim exceeding 10 claims

Power of attorney required for filing application

Yes, 60 days from filing date

Certified copy of priority application required

Yes, 180 days from filing date

Translation of priority application required

Yes, 60 days

Certification needed for translation of priority application

No

Obligation to submit prior art

No

Restoration of unintentional failure to meet priority term

Yes, but only in case of an act of God or force majeure, within two months counted from the date of the concerned Act of God or force majeure ceased or within twelve months from the time limit concerned, whichever comes first

Restoration of unintentional failure to meet priority term (Rules 26bis.3 and 49ter PCT)

No, not as Receiving Office; restoration may be possible in national phase only in case of an Act of God or force majeure

Time limit for entering national/regional phase

30 months from filing/priority date

Small entity fee reduction possible

Yes

Legalisation of power of attorney required

No

Legalisation of assignment deed required

Yes, by Consul or Apostille
TRADEMARKS

Classification

Nice classification, plus description of goods and/or services

Multiclass applications

No

Power of attorney required for filing application

Yes, 60 days from filing date

Certified copy of priority application required

Yes, 4 months from filing date

Restoration of unintentional failure to meet a time limit

No

Small entity fee reduction possible

Yes

Legalization of power of attorney required

No

Legalization of assignment deed required

Yes, by Consul or Apostille
DESIGNS

Classification

Locarno classification

Power of attorney required for filing application

Yes, 60 days from filing date

Certified copy of priority application required

Yes, 90 days from filing date

Multiple Deposits

Yes, maximum 20

Restoration of unintentional failure to meet priority term

No

Small entity fee reduction possible

Yes

Legalization of power of attorney required

No

Legalization of assignment deed required

Yes, by Consul or Apostille
Please note that the information contained on the table above is for informative purposes only. It is not intended as legal-advice and does not create an attorney-client relationship. No warranty of any kind is given with respect to the subject matter included therein, or the completeness or accuracy of this table, and no responsibility is assumed for any actions (or lack thereof) taken as a result of relying on or in any way using information contained on the mentioned table. In no event shall we be liable for any damages resulting from reliance on or use of this information. Any analysis regarding or related to the information indicated above needs to be applied to a case in particular and consulted or verified with an attorney in the corresponding jurisdiction.