On October 28, 2025, the Brazilian Patent and Trademark Office (BPTO) published INPI/PR Ordinances No. 34/2025 and No. 35/2025, which will enter into force within forty-five (45) days from the date of their publication.
- Ordinance No. 34/2025: regulates the procedures for annotation of licenses and assignments of industrial property rights and the registration of technology transfer and franchise agreements.
- Ordinance No. 35/2025: updates the examination guidelines applicable to these acts, including sublicenses, franchises (also master and subfranchise), technical and scientific assistance, integrated circuit topography, technology transfer, and the registration of invoices for technical and scientific assistance.
The above regulations revoke the BPTO"s old rules for the registration of technology agreements, namely INPI/PR Ordinances No. 26 and 27/2023, which covered the rules then in force for the annotation and registration of technology agreements.
The main changes brought by the Ordinances include:
- Formalization of practices already adopted: analysis procedures that have already been followed by the BPTO, but were not expressed in the previous Ordinances, are now explicitly included in the new regulations. The goal is to increase transparency, reduce the number of requirements and make the process more practical and faster.
- Adjustments in the fields of certificates related to term: the field of "Declared Term of Validity of the Agreement" will reflect exactly what is in the agreement and the later "Term of validity of Industrial Property rights" is replaced with "Term of registration/annotation before the BPTO," present in all modalities, which will contain the limitations of the term resulting from the analysis (transfer of ownership, validity and status of requests/rights, priorities and changes to certificates).
It is essential that owners and applicants are aware of the BPTO’s new rules.
Our Intellectual Property team is available to assist in case of any questions.
