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Whether it's a formalities objection at filing or an adverse report during substantive examination, our team at Brealant prepares the response needed to keep your Brazilian design application or registration on track.
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Legal Definition of a Design Office Action
A design office action is a formal requirement (exigência) from INPI identifying issues with an application or registered design under Law No. 9,279/1996.
Purpose and Function of an Office Action
It can occur at the formal examination stage, where representations don't meet requirements, or during substantive examination, addressing novelty or originality issues.
Protecting Your Registration
A prompt, well-considered response protects the value of the design rights you're seeking, whether at filing or examination stage.
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Contact
Reach out to Brealant as soon as you receive a requirement from INPI.
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Search
We review the specific objections raised and any relevant prior designs cited.
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Quote
Receive a service quote tailored to the complexity of the objections.
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Pay
Proceed with secure payment for the response service.
File
We prepare and lodge the response, amendments, or evidence needed.
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Wait
We track the outcome through to registration or confirmed validity.
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Response
You receive INPI's decision on the response.
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In Brazil, INPI sets a defined deadline — generally 60 days — in every office action, whether raised at the formal or substantive examination stage. Confirming and diarising this deadline as soon as the report issues is the clearest way to keep your application or registration on track.
Missing a deadline can mean losing the application or having the registration invalidated, so a prompt, well-considered response protects the value of the design rights you're seeking. Brealant tracks every deadline closely.
A response is powerful, but it has boundaries
New Matter Restrictions
Amendments generally can't add new matter beyond what was originally disclosed.
Missed Deadlines
Once the deadline passes without a response, the application can lapse or the registration can be invalidated.
Fundamental Novelty Issues
A response can't overcome genuinely identical or substantially similar prior designs.
Doesn't Prevent Future Challenge
A favourable outcome following a response doesn't prevent a third party later filing a fresh nullity action.
Guaranteed Outcomes
No response guarantees the design will be confirmed valid or the application accepted.
Brealant gives you a realistic assessment of your prospects before committing to a response.
A properly prepared response protects
Your Filing Date
Timely responses at the formal examination stage keep your original filing date intact.
Your Registration
Responding to a substantive examination report can prevent invalidation of a registered design.
Your Representations
Amendments can fix representation issues without losing the substance of your design.
Your Investment
Protecting the time and cost already spent preparing and filing the application.
Brealant's attorneys assess every option before recommending the best response.
Response periods generally follow these steps
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Report Issued
INPI issues a requirement at the formal or substantive examination stage.
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Response Preparation
Brealant prepares submissions, amendments, or evidence to address the objections.
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Filing the Response
The response is lodged with INPI before the deadline.
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Outcome
INPI proceeds to registration, confirmed validity, or a further report.
INPI generally sets a 60-day deadline in each office action report — Brealant confirms and diarises this as soon as the report issues.
Costs depend on the stage and nature of the objection
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There's no additional government fee to respond to a requirement.
Brealant's professional fee for preparing the response depends on complexity and is quoted once we've reviewed the objections.
Brealant gives you a realistic assessment of your prospects before committing to a response.
Once your response is filed, Brealant continues to track the application or registration through to its final outcome, keeping you updated at every stage.
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Most commonly, non-compliant representations at filing, or novelty/originality objections raised during substantive examination.
In many cases yes, provided the amendment doesn't add new matter beyond what was originally disclosed.
The application can lapse, or a registered design under examination can be invalidated, depending on the stage.
Yes, we can take over prosecution of an existing Brazilian design application or registration at any stage.
No, there is no additional INPI fee to respond — only Brealant's professional fee applies.
INPI sets a fixed response deadline stated in the official communication, and missing it can put your application or registration at risk.
Yes, an administrative appeal is available if the objection isn't resolved through your initial response.
Inconsistent views, unclear lines or shading, and representations that don't match across the required perspectives are among the most frequent issues.
Non-resident applicants must be represented by a locally domiciled attorney or agent before INPI, which Brealant provides.
Yes, a formality objection concerns how the design is represented or documented, while a novelty-based objection challenges whether the design is genuinely new and original — both are addressed differently in a response.
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. .
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