Industrial Design Examination in Brazil

Strengthen Your Design's Enforceability

A Brazilian registered design can be substantively examined, on request or by challenge, to confirm it's genuinely new and original. Our team at Brealant requests and manages the examination process to put your design on the strongest possible footing.

15+ Years
Trademark & Patent Expertise
25,000
Projects Completed Worldwide
15,000
Satisfied Customers Globally

Request Design Examination

First name

Last name

Phone

Company

Tell us a little about your patent or trademark please

Terms and ConditionsPlease do not send me marketing emails

Thank You

Thank you. Your enquiry has been received and one of our team will reply shortly.

Essential Guide to Design Examination in Brazil

Protecting Your Enforcement Position with Brealant's Expertise

Hand stamping an approved trademark application

Legal Definition of Design Examination
Substantive examination under Law No. 9,279/1996 is the review INPI conducts, on request by the owner or a third party, to confirm a registered design is genuinely new and original.
Purpose and Function of Examination
Because registration follows only a formal check at filing, requesting substantive examination — or defending one requested by a competitor — is how a design's validity is actually tested.
Protecting Your Position
A design that has withstood substantive examination carries significantly more weight in negotiations, licensing, and enforcement.

A Hassle-Free Examination Journey with Brealant

Contact
Discuss your registered design and enforcement plans with Brealant.
Search
We review the design's registration status and prior art landscape.
Quote
Receive a service quote for managing the examination request.
Pay
Proceed with secure payment for the selected services.
File
We file the request for substantive examination with INPI.
Wait
The examiner searches for prior designs and assesses novelty and originality.
Response
You receive the examination outcome — confirmation of validity, or a report requiring a response.

Hand filling in a trademark application form

Clear, Simple Steps to a Strengthened Registration

In Brazil, a registered design that hasn't been substantively examined can still be challenged for validity at any point during its term. Requesting examination, and responding promptly to any report raised, is the clearest way to move from a formally registered design to one confirmed as valid.

Safeguarding Your Enforcement Position in Brazil — With Brealant by Your Side

Because registration alone doesn't confirm novelty and originality, an unexamined design remains open to a validity challenge, which can complicate enforcement. Brealant advises on the right time to request examination based on your enforcement plans.

Limitations

What Examination Cannot Guarantee

Examination strengthens your position, but it has limits

Not Automatic
Substantive examination must be requested — it doesn't happen automatically on registration.
Possible Invalidity Finding
If the design doesn't meet the requirements, examination can support a finding of invalidity rather than confirming validity.
Third-Party Challenges
A competitor can separately challenge your design's validity through a nullity action, independent of any examination you request.
Takes Time
Examination isn't instant, so requesting it only when enforcement is urgently needed can cause delay.
Doesn't Expand Protection
Examination tests validity; it doesn't broaden the scope of what was originally registered.

Brealant advises on the right time to request examination based on your enforcement plans.

What Examination Protects

A design that has undergone substantive examination protects

Your Negotiating Position
An examined design carries more weight in cease and desist correspondence and negotiations.
Your Licensing Value
Designs confirmed through substantive examination are more attractive and valuable in licensing arrangements.
Your Confidence to Enforce
Greater certainty that the design has withstood review before you rely on it in a dispute.
Your Long-Term Investment
Confidence that the underlying registration is sound before committing further resources to the product.

Brealant manages the examination request so your design is on the strongest footing when you need it.

Timeline for Design Examination in the Brazil

Examination typically follows these stages

Request
Examination is requested by the design owner, or triggered by a third-party nullity challenge.
Search & Review
The examiner searches for prior designs and assesses novelty and originality.
Report (If Issues Found)
INPI issues an office action if grounds for objection are identified.
Outcome
If the design meets the requirements, its validity is confirmed; otherwise it may be invalidated.

Once requested, examination typically takes several months to complete, though this can vary depending on INPI's workload.

Understanding Design Examination Costs Brazil — Simplified with Brealant

Examination involves both government and professional costs

Official Filing Fees
INPI charges an official fee to request substantive examination.
Professional fees
Brealant's professional fee covers managing the request and any necessary response, quoted based on complexity.

Brealant advises on the right time to request examination based on your enforcement plans.

Hand stamping an official registered design document

Continued Support After Examination Brazil — Supported by Brealant

Once your design's validity is confirmed, Brealant can move directly into enforcement action if needed, or support ongoing monitoring so you know as soon as a competitor's product looks too close to your own.

Hand stamping an official intellectual property document

Frequently Asked Questions

Do I need to request examination for every registered design?

No, many owners register a design under the formal system and only request substantive examination later, when enforcement becomes necessary.

Can someone else request examination of my design?

Yes, a third party, such as a competitor, can file a nullity action challenging your design's validity at any point during its term.

What happens if examination reveals a problem?

You'll generally have an opportunity to respond or present arguments before INPI reaches a final decision.

Is there a deadline to request examination?

There's no fixed deadline to request substantive examination, but an unexamined design remains open to a validity challenge in the meantime.

How long does design examination take in Brazil?

Once requested, examination typically takes several months to complete, depending on INPI's workload and whether an office action is issued.

How much does it cost to request substantive examination?

INPI charges an official fee for the examination request, in addition to Brealant's professional fee, both of which we quote before you proceed.

What specific criteria does INPI check during substantive examination?

Examiners assess whether the design is new and original compared to prior disclosures, and whether the filed representations comply with formal requirements.

Does requesting examination extend or shorten my registration's term?

No, the registration term runs from the filing date regardless of whether or when substantive examination is requested.

Is it worth requesting examination proactively before any dispute arises?

For designs central to your brand or facing active copying, an early examined registration can strengthen your position considerably before enforcement becomes necessary.

Can examination be requested for more than one design within the same application?

Yes, where a single application covers multiple design variations, examination can be requested for the whole group or for individual variations within it.