Português
Español
PATENTS
TRADEMARKS
COPYRIGHT
TRAINING
INDUSTRIAL DESIGN
GEOGRAPHICAL INDICATION
COMPUTER PROGRAMS
TECHNOLOGY TRANSFERINDUSTRIAL DESIGN
Protection given to the ornamental shape of an object or the ornamental combination of lines and colors applied to a product, providing a new or original appearance to its external configuration.
Legislation
- LPI (Art.94 a Art.121)
- Ato Normativo 161/02
Principal services offered
- Search for prior art
- Preparation of the industrial design report
- Making of the designs
- Filing of the registration application
- Monitoring of the process
- Application for the examination
- Presentation of the opposition
- Presentation of the nullity of the registration
- Payment of the five year fee
- Legal support
Required info - Industrial Design
For the search for prior art
- detailed design
- field of application
For the preparation of the specifications and the filing
- details of the assignee
- details of the inventor
- designs with the details of the ornamental shape
- designs of the variations of the shape (if any)
- possible fields of application
- information with respect to claiming colors
- information with respect to delaying the publication
- information with respect to the examination application
Documentation required for the filing
- power of attorney* (download model)
- document of assignment of rights (if necessary)* (download model)
- evidence of the filing in the country of origin (application with a priority claim)*
* can be presented after the filing, within the time limit established by law
Industrial Design registration application procedure
The industrial design registration application must refer to a unique object, although the aforementioned object can present up to 20 (twenty) variations, represented clearly and adequately, in order to allow their reproduction.
Once the design is recorded, and confidentiality is not applied for, the application will be automatically published and simultaneously granted, and the certificate issued.
If confidentiality is applied for, it will be maintained for a time limit of 180 (one hundred and eighty) days, after which it will be processed normally; the application can also be withdrawn up to 90 (ninety) days, counting from the date of filing, without any effect.
If priority is applied for, the priority document must be presented within a time limit of 90 (ninety) days, in order for the application to be processed.
If the application is irregular and does not comply with the normative specifications, further requirements will be made, which must be complied with within 60 (sixty) days, under penalty of the application being considered abandoned.
The time limit for the validity of the registration is 10 (ten) years, counting from the date of filing. This can be extended for 3 (three) successive periods of 5 (five) years each period. The application for the extension must be made in the last year of the validity of the registration, and evidenced by the payment of the five year fee.
The title holder of an industrial design can apply for the Examination of the merit at any time during the validity of a registration, with respect to the aspects of novelty and originality. The PTO will issue an opinion considering the lack of one of these requirements, which can be used to support the process of the nullity of the registration.
The process of the administrative nullity can be made by any person with a legitimate interest, within 5 (five) years, counting from the granting of the registration. However, if the application is made or published within 60 (sixty) days of being granted, the result of the granting will be suspended.
