Industrial Design Registration in Brazil

The Property of Industrial Design Registration and the right to exclusive use within the national territory is conferred by the INPI (National Industrial Property Institute) and in accordance with Article 5 of Law 9,279 of 05/14/96 – For legal effects, industrial property rights are considered personal property. Therefore, the patent is an integral part of company assets.

The main steps in the  process of Industrial Design Registration are listed, including those of the stages taking place in the normal procedure at the INPI, namely:

a) Industrial designs (IDs) are valid for 10 years, which can be extended to 3 periods of 5 years.

b) In order to be issued, Industrial Design registration basically consists of 2 stages: it is deposited and automatically published and conferred.

Remarks: Publications take place monthly on the part of the INPI, through the Industrial Property Journal. For this reason, even after the concession, there could be events in relation to registration, which are automatically checked by our System. Nonetheless, we do not charge annual dues.

Each of these stages requires the payment of a fee or fees. Therefore, a procedural expense must be paid in due time, otherwise, in some cases, this could entail case closure not subject to appeal.

Additional expenses might be incurred during the process due to the intervention of third parties, such as administrative cancellation, and in such case, the respective supplementary costs.

Expected stages within a regular processing at the INPI until the delivery of the Industrial Design Certificate:

a – ID Registration Request
b- ID issuance, Concession and Certificate
c- Certificate Delivery and Follow-up
d- 2nd Five-year Period
e- 3rd to 5th Five-year Periods and Extension

Documents required to request an Industrial Design registration

Individual:
a) Copy of Individual Taxpayer ID and Personal ID Card
b) Power of Attorney

Corporation:
a) Copy of the Articles of Incorporation
b) Power of Attorney

Prototype, design, pictures and reports of the Industrial Design to the protected must be provided for descriptive report and design preparation in accordance with the standard required by the INPI.