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Industrial design registration in Brazil

Posted on by top ipfirm5
Industrial design registration in Brazil
09
Oct

Registration of industrial designs in Brazil – Every company that owns an industrial design and intends to expand its business in the Brazilian market should use the Brazilian intellectual property system. It is paramount for businesses to file an industrial design application in Brazil for industrial designs, even if the launch of the respective product on the market in Brazil has not yet commenced. 

Requirements for Industrial Design Registration Application in Brazil

An industrial design application in Brazil requesting the right of priority must be filed within 6 months from the priority date. This period cannot be extended. 

The official language when registering an industrial design at the Brazil Intellectual Property Office is Portuguese. 

The following information and documents need to be provided in the application for registration of an industrial design in Brazil: 

  • name, address, and nationality of the applicant, business address; 
  • design drawings. 
Within 90 days after the filing date, a certified copy of the Priority Document, along with its Portuguese translation, shall be submitted to the Brazilian Patent Office.
A digital copy of a signed POA form is sufficient to file the application.
If the applicant is not the original creator of the industrial design, an Inventor’s Authorization should be filed. It can be provided after the application has been filed; no official legalization or notarization is necessary.

Examination of an industrial design application in Brazil

In Brazil, the substantive examination is not a required stage of industrial design registration. Based on the results of the formal examination, the patent may be issued.

Validity period and renewal of industrial designs in Brazil 

Disclosure of an industrial design will be disregarded if it occurred within 180 days of the filing or priority date and applied for disclosures as a result of:

  • the INPI’s publication of the application;
  • third parties who obtained the information from the inventor or as a result of actions taken by them.
There is no official grant fee to pay. In Brazil, a design patent is valid for 10 years from the filing date if the maintenance fee is paid during the fifth year of the design protection period. The maintenance cost may also be paid within 180 days of the term’s end by paying a premium.
The holder of design rights may renew the term of protection for three periods of five years each, for a total of 25 years from the date of filing. Renewal of a registered industrial design requires a request, and the renewal price must be paid during the last year of protection. Late payment of the renewal fee is possible within 180 days after the expiration of the deadline upon payment of a surcharge.
In the case of a smooth procedure, the approximate time from filing to design registration in Brazil is 12-24 months.
Represented by an industrial design registration attorney 

An international applicant for an industrial design registration in Brazil should perform an industrial design search in Brazil through a law firm, or an industrial design attorney. 

Please find the list of Brazil IP Firm here.