Process of design registration:
In Brazil, industrial designs are protected by a specific and autonomous registration, not by patents.
The first step in registering an industrial design in Brazil is to file an application with the Brazilian Patent and Trademark Office (INPI). The application should include a description of the design, as well as any drawings or other visual representations that may be necessary to fully understand the design.
Once the application is filed, it will be submitted for a formal preliminary examination. This examination is primarily focused on ensuring that the application meets all of the formal requirements for registration, such as the inclusion of the necessary information and payment of the required fees.
If everything is in order, the design will be published in the INPI Official Gazette as well as granted at the same time. Therefore, simple compliance with the formal requirements, under Brazilian Law, is deemed sufficient for registration to be granted.
However, there is a period of 60 days following publication during which interested parties may file an opposition to the registration. The INPI will review any opposition and make a decision on whether or not to proceed with the registration.
The registration is valid for 10 years from the date of filing, and can be renewed for additional periods of 5 years each. It is the responsibility of the owner to pay the necessary renewal fees to maintain the validity of the registration.
Required Documents:
Applications for registration of an industrial design in Brazil should be submitted in Portuguese.
To obtain the date of filing, it is necessary to submit:
- information about the applicant(s) and inventor(s);
- Drawings of the design.
A certified copy of the Priority Document alongside its Portuguese translation should be submitted to the Brazilian Patent Office within 90 days from the filing date.
A digital copy of a signed POA form is enough for filing the application.
If the applicant is not the author of the industrial design, it is advisable to file an Inventor’s Authorization. It may be submitted after filing of the application, official legalisation or notarization is not required.
Time Frame:
The approximate term from filing up to design registration in Brazil is 12-24 months in case of smooth procedure.
The design patent in Brazil is valid for ten years from the filing date, provided that the maintenance fee is paid within the fifth year of the design protection term. The maintenance fee may also be paid within 180 days after the expiration of such a term upon payment of a surcharge.
The design rights holder may renew the term of protection for three periods of 5 years each, up to a total term of 25 years from the date of filing. Renewal of a registered industrial design shall be done by a request, provided that the renewal fee is paid within the last year of the protection period. Late payment of the renewal fee is possible within 180 days after the expiration of the deadline upon payment of a surcharge.
Multiple Designs:
Multiple design applications are not possible in Brazil. Applications comprising variations (up to 20) of the single industrial design may be submitted to the Brazilian Patent Office.