Documents required by INPI-Brazil
- Power of Attorney (Notarization or legalization not required);
- Full Name and address of Applicant(s);
- Full Name, address, nationality and profession of inventor(s)/designer(s);
- Drawings (at least 7 views);
- Specification in Portuguese language (optional);
- Certified copy (if applicable) translated into Portuguese for priority rights claiming purposes.
Timeframe for Analysis
On average, it takes approximately from 6 to 8 months for each Industrial Design application to mature into registration.
In case of extraordinary situations, such as office actions or rejection, a further delay is expected to occur (which would be 12-14 months).
No Substantial Examination Procedure
There is no substantial or novelty examination in Brazil.
Considering that the grant of registration of a Design is based only on a formalities check, it is possible to request an additional examination (optional).
Validity and Maintenance fees
An Industrial Design can be valid for 25 years in Brazil, under legal conditions; therefore, it is necessary to pay all maintenance fees (quinquennials/each 5 years) to keep its validation in the country.
Non-Registrable subjects for Industrial Designs
According to the Article 100 of Brazilian IP Law no. 9279/96 (LPI), an industrial design in Brazil is not registrable for:
I – which is contrary to morals and good customs or which offends the honor or image of people or is contrary to the liberty of conscience, belief, religious cults or ideas and feelings worthy of respect and veneration.
II – the necessary common or ordinary shape of an object or, furthermore, which is determined essentially by technical or functional considerations.
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