On October 28, 2025, the BPTO (Brazilian Patent and Trademark Office) published Rules No. 34 and 35, which update and replace Rules No. 26 and 27 of 2023. These regulations govern the procedures and guidelines for recording license agreements, assignments of industrial property rights, technology transfer and franchise agreements. The new rules will take effect on December 12, 2025 (45 days after publication) and include several important updates.
 
The first update concerns the item “Declared Term of the Contract,” which will now be reflected in the Certificate of Recordal strictly as indicated in the submitted documents (or, where applicable, as specified for the provision of technical assistance services), with no analysis by the BPTO or linkage to the term of the underlying industrial property rights.
 
In addition, a new item will be included in the Certificate, titled “BPTO Recordal Term,” which will reflect the ownership, validity period, and legal status of the relevant industrial property rights. This information, however, will not affect the content of the “Declared Term of the Contract.”
 
As a result, the Certificate of Recordal will clearly and objectively indicate the contractual term agreed upon between the parties, eliminating potential ambiguities.
 
The new Rules also formalize practices that were already being applied by the Contract Division of the BPTO. This formalization enhances predictability for users and enables more effective preparation, helping to avoid unnecessary office actions or delays in the recordal process.
 
In summary, Rules No. 34 and 35 of 2025 introduce technical and structural adjustments, consolidate existing administrative practices, and establish mechanisms that enhance transparency, consistency, and alignment between the written rules and the BPTO’s internal procedures.