Nacional phase of a Patent Cooperation Treaty (PCT) process

For international applications in which the applicant chooses Brazil as the designated office, it shall be submitted, within 30 months of the priority date, in INPI’s reception, in the representation offices of the Institute in the other states, through mail or electronic means, the text of the application as originally filed in Portuguese, with a specification, claims, drawings (if any), and abstract, adapted to the prevailing laws and regulations; proper form (FQ003) with information on the application; power of attorney duly compliant (dated, signed, and with the relevant powers) and payment of the appropriate fees (code 200 – table of INPI fees).

The rule regulating the Brazilian National Phase is Resolution No. 77/2013.

Note 1:

• The forms regarding the entry in National Phase must include signature and identification of the person duly authorized in the power of attorney/delegation.
• Articles 28 and 32 of Resolution No. 77/2013, article 13 of Normative Ruling No. 31/2013 and Resolution No. 174/2016 were revoked by Resolution No. 179 of February, 2017.

Note 2: In the event of priority assignment/priorities claimed of a PCT application, it should be warned that, if this/these assignment/assignments are not submitted to WIPO during the International Phase (Receiving Office (RO)/101 ¬– Chart VIII (iii)), the applicant must submit them together with their translation in the Entry of the National Phase or within 60 days. All assignments related to the priorities claimed must include the signatures of all assignors and dates legible. The dates in these assignments must be prior to the Entry of the National Phase. Changes in applicants prior to the National Phase must be evidenced through assignment documents (the date must also be prior to the date of Entry), and for changes in applicants after the Entry of the National Stage, through a Transfer Request (form FQ004).

Note 3: In case of requirement in the examination of admissibility for the Entry of the National Phase (publication No. 1.5 of the Industrial Property Journal (RPI)), it must be responded within 60 days through petition FQ002 upon payment of the GRU code 207.

Note 4: The number of paper copies for the Entry of the National Phase (FQ003 and FQ002) is regulated in Resolution No. 120/2013, which provides for the following:

“Art. 1 Waive the submission of additional copies or counterparts of the forms, specification, claims, abstract, drawings, and the sequence listing (whether printed or in a CD), as well as amendments and substitutions provided by PCT, being sufficient the submission of the original document.” If the user wishes a filed copy, he/she must bring an extra copy, which will be returned upon filing.

Notice of entry of the national phase shall occur in Industrial Property Journal (RPI) after the examination of admissibility pursuant to the rule in effect. The requirement of a technical examination of the application shall be prepared within 36 months of the date of the international application.

Pursuant to WIPO’s Normative Ruling, Section 307, regarding the numbering system for International Applications, chart number 3 of the form of entry of the national phase (FQ003) must include the PCT number in the following format:

PCT/XXAAAA/NNNNNN
Where: XX – Receiving Office
AAAA – Full year of application
NNNNNN – Sequential number of the application
 

Codes of the Industrial Property Journal (RPI) – National Phase

1.1 – Submission of petition for request of entry of national phase

1.2 – Notice of application withdrawn – PCT

1.3 – Notice of Entry of the National Phase – PCT

1.4 – Notice – Granting of the Restoration of Right for Entry of National Phase of the PCT

1.4.1 – Notice – Refusal of the Restoration of Right for Entry of National Phase of the PCT

1.5 – Miscellaneous Requirements with respect to the examination of admissibility