If you need to submit a U.S. patent, trademark, or assignment document to Brazilian authorities, there's good news: the process is simpler than it used to be. Brazil has been a member of the Hague Apostille Convention since August 14, 2016, which means you no longer have to route documents through a Brazilian consulate. A single apostille now does the job.
What Changed With the Apostille Convention
Before Brazil joined the Convention, U.S. documents bound for Brazil typically required consular legalization — an extra step through a Brazilian consulate that added time and cost. Now, once a document carries an apostille from the correct U.S. competent authority, Brazilian authorities accept it directly. The apostille is a standardized certificate recognized by all member countries, so there's no embassy leg at the end.
The Path for USPTO Certified Copies
USPTO certified copies — of patents, trademarks, or recorded assignments — are federal documents. That matters because the competent authority for apostilling federal documents is the U.S. Department of State, not a state Secretary of State. So the flow looks like this:
- Obtain the certified copy from the USPTO.
- Submit it to the U.S. Department of State for an apostille.
- Deliver the apostilled document to your Brazilian recipient.
No notarization or state certification is needed for the USPTO-issued certified copy itself, because it's already an official federal record.
When a Document Is Notarized Instead
Not every IP document is a USPTO certified copy. If you're dealing with a notarized document — say, a signed declaration, power of attorney, or an assignment executed before a notary — the apostille comes from the Secretary of State in the state where the notary is commissioned, not the U.S. Department of State. Sorting out which authority applies is one of the most common points of confusion, and getting it wrong means a rejected submission and a restart.
A Few Practical Notes
Brazilian authorities may want documents translated into Portuguese, sometimes by a sworn or certified translator. Turnaround for apostilles varies depending on the issuing authority's current workload, so build in a buffer if you're working against a filing deadline. When in doubt, confirm the exact requirements with the Brazilian office that will receive the document.
We handle both halves of this for you — obtaining the USPTO certified copy and shepherding it through the apostille process. Learn more on our legalization services page at thepatentplace.com/legalizations/, request a free estimate at thepatentplace.com/estimates/, or place an order at thepatentplace.com/order/.