Streamlined Industrial Design Applications in Brazil: Essential Insights for IP Lawyers

As IP lawyers, we know that one thing that makes our clients happy is ensuring a smooth and fast process to protect their IP assets. For a long time, when talking with colleagues from other countries, the complaint always was that the Brazilian Trademark and Patent Office takes a long time to grant trademarks, patents, and designs.

I can say that in recent years, this is no longer true. The Brazilian Trademark and Patent Office (INPI) knows that protecting IP innovation requires speed. So, many measures to improve the process have been implemented.

Recently, one of these measures was announced. Technical Note No. 01/2024 was approved by the Permanent Committee for the Improvement of Procedures and Examination Guidelines for Trademarks, Industrial Designs, and Geographical Indications (CPAPD). The Technical Note addresses the correction of purely formal data in industrial design registration applications to ensure faster decisions.

In Brazil, there is no substantive examination of industrial designs, only formal and registrability checks. This means that if an application meets all formal and legal requirements, it is granted. According to the INPI manual, if a clear formal error is identified in an industrial design application, instead of issuing an office action for the applicant to make the correction, the correction will be made ex officio. This change will certainly expedite the granting of the design.

The rule states as follows:

At any point during the examination, purely formal data related to the industrial design can be corrected or excluded ex officio if errors are identified in:

• the numbering of figures;

• the figure captions;

• the indication and/or classification of the product;

• the descriptive report;

• the claims; and

• the description.

The ex officio correction will only be carried out in cases where the industrial design represented in the figures and other data in the application allow: a) the unequivocal identification of a purely formal error; and b) the proper correction or exclusion of the data in a way that ensures conformity with the industrial design represented in the figures, the other application data, and the current regulations.

If it is not possible to unequivocally identify a purely formal error or to make the appropriate ex officio correction, an office action will be issued for clarifications and/or amendments to the data related to the industrial design.

In case you have designs in Brazil or you have any question regarding the topic feel free to contact us.