Filing Requirements for PCT applications

 

*****URGENT CASES:

In case of urgent filing, the entry into National phase may be performed by submitting the Portuguese translation of the claims and the copy of the cover page of the International Publication. The remaining translation and documents (see below) may be submitted to the Brazilian PTO within 60 days counted from the entry into National Phase date.

 

NON-URGENT CASES:

( ) Translation into Portuguese of the PCT application as originally filed.

( ) International Preliminary Examination Report/International Preliminary Report On Patentability (form IPEA/409) – if requested.

( ) Amended pages: if any, based on article 19 (PCT cases based on Chapter I) or those cited the preliminary examination report for cases based on Chapter II.

( ) Power of Attorney*: in the name of the applicant, which does not require notarization nor legalization.

( ) Priority document (if applicable)*: simple copy of the Official filing receipt of the priority application containing the priority data (number / date / applicant etc) or even a simple copy of its cover sheet if available. Neither notarization nor legalization is necessary. Form IB/304 is also acceptable.

( ) Assignment of priority rights (if applicable)*: required whenever the applicant named in the priority document is different from the Applicant for Brazil due to an assignment of rights. International request (form PCT/RO/101) showing the assignment is also acceptable.

( ) Inventors: Brazilian PTO requires that applicant informs the inventors’ citizenships, professions and addresses.

*If not submitted together with the filing of the application, the above mentioned documents must be submitted within 60 days counted from the date of entry into the national phase.

 

In order to better protect our client’s rights and save costs, our team carefully analyses each case before filing at the PTO and offer the most suitable options to the Applicants based on Brazilian IP practice. 

 

For further information on this topic, do not hesitate to contact us (patent@simoes-ip.com.br).

 

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