New Rule on procedures to entry into the PCT national phase

Further comments on the Rule #174 issued by the BRPTO on December 6, 2016.Rule #174 of November 30, 2016, which amends procedures related to the entry of PCT application into the national phase, establishes that:• If the applicant of the Brazilian national phase application is different from the applicant of the earlier application claimed as priority, an assignment of priority rights must be submitted together with the filing petition or within the following 60 days. Said assignment of priority rights must have been executed before the PCT international filing date;• If the applicant of the Brazilian national phase application is different from the applicant of the PCT international application, an assignment of PCT rights must be submitted together with the national phase entry petition. Said assignment of PCT rights must have been executed before the Brazilian national phase entry date;• If the assignment of PCT rights is not filed together with the national phase entry petition, the BRPTO will issue an office action requesting said document. If the applicant fails to comply with said Office Action within the 60-day deadline, the application will be withdrawn by the BRPTO.The original Rule #174/2016 in Portuguese can be downloaded here. Licks Attorneys will provide an English version shortly.