1. Requirements or Restrictions for Intellectual Property Assignment in Brazil
Pursuant to Articles 58 to 60 of the Industrial Property Law (LPI), patent application rights or patent rights may be assigned in whole or in part.
Regarding patent rights, the Brazilian National Institute of Industrial Property (BRPTO) shall record the following:
Assignment details, specifying the full credentials of both the assignor and assignee;
Any restrictions or obligations attached to the application or patent;
Any changes to the applicant's or patent holder's name, headquarters, or address.
These records become effective against third parties upon publication in the Official Gazette.
To record a transfer, the BRPTO requires submission of the following documents:
A transfer application form containing detailed information of both the transferor and transferee;
Proof of payment of government fees;
The transfer document, which must include:
Full identification details of both the transferor and transferee;
Authority to sign the assignment document and signature of the signatory (signature must be notarized by a notary public, with the notary's signature further authenticated via Hague Apostille or Brazilian consular certification);
Patent application number or patent number, along with the date of signing the assignment document;
Power of attorney from the assignee;
A simplified Portuguese translation must be provided for documents in foreign languages.