Contracts to be included in BRPTO’s Electronic Filing Platform

As previously discussed in Prevail, in the past years the Brazilian Patent and Trademark Office (BRPTO) has taken significant steps towards the creation of a digital environment. As a result, it is currently possible to file patents, trademarks and industrial designs applications by electronic means. The implementation of these new systems for filing were part of the BRPTO’s efforts to expedite prosecution and to reduce its backlog.In furtherance of its above described goals, the BRPTO launched the ‘e-contracts’ system last July 7. The system allows users to electronically file requests related to contracts (such as for the recording of contracts for intellectual property rights, licensing, technology transfer and franchising).Article 211 of Law # 9,279/96 (LPI), requires that contracts involving technology transfer, franchising, and similar subject matter must be recorded by the BRPTO to become effective with respect to third parties.The fees for paper-based requests are now 50% higher than requests filed by electronic means, which according to the BRPTO has the purpose of stimulating the use of online services.If you have any questions or need additional information, please contact us at prevail@lickslegal.com.