Patent Assignment & Recordal in Brazil

Update Ownership on the Patent Register

Whether you're acquiring a patent, restructuring a business, or transferring rights between related entities, the change of ownership needs to be properly documented and recorded with INPI. Our team at Brealant handles the assignment paperwork and the recordal.

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Essential Guide to Patent Assignment in Brazil

Protecting Your Ownership with Brealant's Expertise

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Legal Definition of Patent Assignment
Assignment, under Law No. 9,279/1996, is the legal transfer of ownership of a patent or patent application from one party to another.
Doesn't Pay Outstanding Annuities
Assignment and annuity payment are separate processes — a transferred patent still needs its annuities kept up to date.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.

A Hassle-Free Patent Assignment & Recordal Journey with Brealant

Contact
Tell Brealant about the patent(s), the parties, and the nature of the transfer.
Search
We confirm the current registration details and ownership status on the INPI register.
Quote
Receive a fixed-fee quote based on the number of patents involved.
Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed and files the recordal request with INPI.
Wait
INPI processes the recordal and updates the register.
Response
You receive confirmation once ownership is updated on the register.

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Clear, Simple Steps to Record Your Assignment

In Brazil, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, followed by a recordal (averbação) request to INPI, is the clearest way to make sure the change of ownership is properly reflected and enforceable.

Safeguarding Your Ownership in Brazil — With Brealant by Your Side

An unrecorded change of ownership can create uncertainty about who can enforce or license the patent, and may weaken the new owner's position in a dispute. Brealant keeps the register accurate and the new owner's rights clearly established.

Limitations

What Assignment Recordal Does Not Do

Recordal is important, but it has limits

Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Pay Outstanding Annuities
Assignment and annuity payment are separate processes — a transferred patent still needs its annuities kept up to date.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.

Brealant flags any of these issues during the assignment process so nothing is missed.

What a Patent Assignment Protects

A properly recorded assignment protects

The New Owner's Rights
Clear, documented legal ownership recognised by INPI.
Enforcement Ability
The new owner's standing to take infringement action based on the patent.
Deal Certainty
The commercial transaction — acquisition, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the patent as security without ownership disputes.

Brealant makes sure every assignment is properly documented so these protections are secured.

Timeline for Patent Assignment in Brazil

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The assignment process typically follows these stages

Instruction
You confirm the patents, parties, and transaction details with Brealant.
Drafting
We prepare or review the deed of assignment.
Execution
The assignor and assignee sign the documentation.
Recordal
We file the recordal request, and INPI updates the register.

Once properly executed documentation is filed, INPI typically records the change of ownership within a few months, depending on its processing workload.

Understanding Assignment Costs in Brazil — Simplified with Brealant

Assignment costs are modest relative to the transaction they support

Official Filing Fees
INPI charges a modest official fee per patent to record an assignment.
Professional fees
INPI charges a modest official fee per patent to record an assignment.

These costs are a small part of protecting the value of the IP asset being transferred.

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Continued Support After Your Assignment in Brazil — Supported by Brealant

Once the assignment is recorded, Brealant can take over ongoing annuity tracking, monitoring, and enforcement for the new owner, so the transition is seamless.

Frequently Asked Questions

Is recording a patent assignment mandatory in Brazil?

It isn't required for the transfer to be valid between the parties, but recording it is important for the new owner to be recognised and to protect their position against third parties.

Can a patent application be assigned before it's granted?

Yes, both pending applications and granted patents can be assigned.

What documentation is needed for recordal?

INPI requires documentary evidence of the transfer, such as a signed deed of assignment, often with notarisation and legalisation requirements for foreign documents.

Can Brealant coordinate assignments across multiple countries?

Yes, we regularly coordinate Brazilian recordals alongside assignments of corresponding patents in other jurisdictions.

How long does patent assignment recordal take?

Once properly executed documentation is filed, INPI typically records the change of ownership within a few months, depending on its processing workload.

How much does it cost to record a patent assignment in Brazil?

Brealant quotes a fixed professional fee for recordal, in addition to INPI's official recordal fee, once we've reviewed the transfer documentation.

What's the difference between recording an assignment and recording a licence?

An assignment transfers ownership of the patent itself, while a licence grants usage rights while the original owner retains title — both can be recorded with INPI.

Can an unrecorded assignment still be enforced against an infringer?

Recordal isn't required for the assignment to be valid between the parties, but an unrecorded transfer can create difficulties establishing standing to sue or collect damages.

Can a patent be used as collateral, and is that recorded too?

Yes, a patent can be pledged as security for a loan, and this type of encumbrance can also be recorded with INPI to protect the lender's position.

How do I document an assignment from an individual inventor to my company?

A signed deed of assignment from the inventor, often alongside the original employment or invention assignment agreement, is typically required to support the recordal.