3.2.2 Patent attorneys
Any attorney regularly enrolled with the Brazilian Bar Association may act in the administrative stage before the INPI. However, the application may be filed by an individual or legal entity domiciled in the country and who does not have an attorney-in-fact appointed. It may also be filed by any citizen, on behalf of third parties, by means of a power of attorney, under the terms of Article 216 of the LPI, whether an attorney or attorney-in-fact, without special powers, or an industrial property agent. In the case of foreign applicants, the individual or legal entity is required to appoint and maintain an attorney-in-fact in Brazil with powers to represent them in the administrative and judicial proceedings, including to receive service of process (Article 217 of the LPI).
The power of attorney – whether original, transcript or authenticated photocopy – must be in Portuguese. Consular authentication and notarization of signature is not required (Article 216(1) of the LPI). The power of attorney must be submitted within 60 days from the date of the first act of the party in the proceedings, regardless of notification or requirement, under penalty of dismissal. The dismissal of the patent application is final (Article 216(2) of the LPI).