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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.
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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.
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Contact
Discuss your registered design and enforcement plans with Brealant.
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Search
We review the design's registration status and prior art landscape.
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Quote
Receive a service quote for managing the examination request.
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Pay
Proceed with secure payment for the selected services.
File
We file the request for substantive examination with INPI.
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Wait
The examiner searches for prior designs and assesses novelty and originality.
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Response
You receive the examination outcome — confirmation of validity, or a report requiring a response.
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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.
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.
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.
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.
Examination typically follows these stages
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Request
Examination is requested by the design owner, or triggered by a third-party nullity challenge.
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Search & Review
The examiner searches for prior designs and assesses novelty and originality.
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Report (If Issues Found)
INPI issues an office action if grounds for objection are identified.
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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.
Examination involves both government and professional costs
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INPI charges an official fee to request substantive examination.
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.
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.
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No, many owners register a design under the formal system and only request substantive examination later, when enforcement becomes necessary.
Yes, a third party, such as a competitor, can file a nullity action challenging your design's validity at any point during its term.
You'll generally have an opportunity to respond or present arguments before INPI reaches a final decision.
There's no fixed deadline to request substantive examination, but an unexamined design remains open to a validity challenge in the meantime.
Once requested, examination typically takes several months to complete, depending on INPI's workload and whether an office action is issued.
INPI charges an official fee for the examination request, in addition to Brealant's professional fee, both of which we quote before you proceed.
Examiners assess whether the design is new and original compared to prior disclosures, and whether the filed representations comply with formal requirements.
No, the registration term runs from the filing date regardless of whether or when substantive examination is requested.
For designs central to your brand or facing active copying, an early examined registration can strengthen your position considerably before enforcement becomes necessary.
Yes, where a single application covers multiple design variations, examination can be requested for the whole group or for individual variations within it.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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