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Industrial Design in Brazil

from 952.00
Number of Priorities
Number of Designs
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  • Design fees

Fees associated with filing industrial design applications in Brazil, as well as other design fees, are available in the fee calculator.

  • Multiple design applications

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.

  • Filing requirements for a design application in Brazil

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.

  • Examination of a design application in Brazil

The substantive examination is not an obligatory stage of industrial design registration in Brazil. The patent may be issued based on the results of formal examination.

  • Novelty grace period

Disclosure of an industrial design will be disregarded if it occurred within 180 days prior to the filing or priority date and applied for disclosures resulted from:
- the publication of the application by the INPI;
- third parties who obtained the information from the inventor or as a consequence of actions taken by them.

  • Grant, validity term and design renewal fees

No official grant fee is required to be paid. 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.

  • Duration of registration procedure

The approximate term from filing up to design registration in Brazil is 12-24 months in case of smooth procedure.

  • Representation by a patent attorney

For foreign applicants, it is necessary to perform industrial design registration through an agent, a registered Brazilian patent attorney.

  •  Note

Online Database for Brazilian Designs Search.

Brief summary is based on the information provided by ARIBONI, FABBRI, SCHMIDT & ADVOGADOS ASSOCIADOS on 24.01.2024
Please contact us if the above information is not in conformity with Brazilian IP Laws