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TECHNOLOGY TRANSFER

This concerns Contracts related to an Industrial Property Right, in which at least one of the parties is the holder of a Patent, Industrial Design or Trademark protected in Brazil, has non-patentable know-how, is the provider of Specialized Services of Technical and Scientific Support, or is a Franchise provider.

The registration of these Contracts with the Brazilian Patent and Trademark Office (PTO) only produces results with respect to third parties, for example, in preventing the Cancellation of a Patent of a Trademark due to lack of use, or facilitating the remittance of payments abroad.

Legislation

Principal services offered

Required information - Technology Transfer

For the approval of the contract

Documentation for the approval of the contract

Procedure for Technology Transfer contracts

If there is a doubt about the possibility of the approval of the technology transfer contract, it is recommended to perform a prior Consultation with the Brazilian Patent and Trademark Office (PTO). This consultation can be made with, or without, the presentation of a Draft or copy of the Contract (and its translation, if required). A letter with the justifications should be included with the application form, and the relevant fee.

A formal examination will be performed to verify if the contract is suitable for the case in question, and clarifications may be sought. The technical examination will be performed for aspects of technical-economic viability and form, under the terms of the relevant legislation. This can lead to further requirements, a request for new clarifications, an opinion for approval, or the rejection of the application.

The response to the requirements (or the appeal against the rejection) must be made within 60 (sixty) days.

Once the requirements are answered, the PTO will issue a Certificate of Approval and publish a summary in the Industrial Property Review – RPI.

The decision (reply to the consultation, approval, formulated technical requirement, rejection, or order abandoned) will occur within 30 (thirty) days, counting from the date of the application to the Directorate, in accordance with the sole paragraph of article 211, of Law 9.279/96. According to PTO Resolution 94/03, the time limit will be counted from the date of the acceptance of the registration application by the Directorate. 

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