Industrial Designs
Documents required by NPI-Brazil (National Institute of Industrial Property).
• 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
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 (quinquennial/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 if :
I – which is contrary to morals and good customs; or 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.
