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Brazil doesn't run a pre-registration opposition process for designs — instead, a design's validity is tested through a nullity action at any point during its term. Our team at Brealant represents clients who want to challenge a competitor's registered design, and those defending their own.
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Legal Definition of a Design Challenge
Because registration is generally granted after only a formal examination, a third party who wants to challenge a registered Brazilian design does so through an administrative or judicial nullity action under Law No. 9,279/1996.
Purpose and Function of the Challenge
A nullity action asks INPI, or ultimately the courts, to test whether the design is genuinely new and original, which can lead to invalidation if it isn't.
Protecting Your Position
Whether challenging or defending, evidence of prior art or genuine novelty and originality is central to the outcome.
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Contact
Reach out to Brealant about the registered design you want to challenge, or the challenge to your own design.
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Search
We review the registered design and identify potential prior art or grounds for invalidation.
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Quote
Receive a service quote for the nullity action or defence.
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Pay
Proceed with secure payment for the selected services.
File
We file the administrative nullity petition, or the owner's response.
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Wait
INPI issues a decision addressing the grounds raised.
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Response
You receive INPI's decision on whether to maintain or invalidate the design.
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In Brazil, a third party challenges a registered design by filing an administrative nullity petition with INPI, supported by prior art or other grounds for invalidation, at any point during the design's term. INPI then gives the owner a chance to respond and decides whether to maintain or invalidate — understanding this sequence is the clearest way to plan a challenge.
If a competitor's registered design is blocking your product or you believe it isn't genuinely new, a nullity action is the recognised route to test, and potentially remove, that registration in Brazil. Brealant assesses the merits before recommending action.
A challenge is a useful tool, but it has real limits
No Pre-Grant Opposition
Brazilian design registration doesn't have a pre-grant opposition process; challenges happen through nullity actions after registration.
Burden of Proof
The party filing the nullity petition must identify credible grounds for invalidation.
Owner Can Respond
The design owner is given an opportunity to respond before any invalidation decision is made.
Partial Outcomes
INPI can invalidate a registration in part rather than in full, depending on the grounds upheld.
Time to Resolve
An administrative nullity action can take a year or longer, and judicial proceedings can take considerably longer still.
Brealant gives you a realistic view of the likely timeline and prospects before you proceed.
A successful challenge protects
Your Freedom to Operate
Removing a blocking registration that isn't genuinely new or original.
Market Fairness
Ensuring only designs that genuinely meet the legal requirements remain enforceable.
Register Accuracy
Keeping the Designs Register reflective of designs that are genuinely novel.
Your Commercial Plans
Protecting product launches that could otherwise be blocked by an invalid registration.
Brealant assesses the strength of the prior art before recommending whether to proceed.
The process typically follows these stages
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Petition Filed
A third party files an administrative nullity petition against the registered design.
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INPI's Assessment
INPI reviews the grounds raised, including any cited prior art.
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Owner's Response
The design owner has the opportunity to respond or present arguments.
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Decision
INPI decides whether to maintain or invalidate the design, subject to further appeal or judicial review.
An administrative nullity action commonly takes a year or longer from petition to decision, given INPI's processing timelines, with judicial proceedings taking considerably longer if pursued.
Costs cover the nullity petition and any resulting evidence
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INPI charges an official fee to file an administrative nullity petition.
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Brealant's professional fee covers preparing the petition and supporting prior art, quoted based on the complexity of the case.
Brealant gives you a realistic view of the likely timeline and prospects before you proceed.
Whether the challenge succeeds or you're defending your own design, Brealant continues to support your broader design strategy, including clearing the way for your own filing if a blocking registration is invalidated.
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No — Brazilian design registration doesn't have a pre-grant opposition process; challenges happen after registration, through an administrative or judicial nullity action.
Any interested party can file a nullity petition against a registered design, including competitors and other affected parties. INPI itself can also act ex officio in some circumstances.
INPI can invalidate the registration, in whole or in part, if it isn't found to be new and original.
Yes, the owner is given an opportunity to respond to the nullity petition before any invalidation decision is made.
An administrative nullity action commonly takes a year or longer from petition to INPI's decision, with judicial review taking considerably longer if pursued.
Brealant quotes a fixed professional fee to prepare and file your defence, which we confirm once we understand the grounds raised.
Common grounds include lack of novelty or originality, improper ownership, or non-compliance with formal filing requirements.
An administrative nullity request generally must be filed within 5 years of grant, though a judicial nullity action can be brought in court at any time while the registration remains in force.
The administrative route with INPI is typically faster and less costly, while a judicial action may be preferred where broader remedies, like damages, are also being sought.
Evidence of the design's prior public disclosure, such as earlier registrations, publications, or sales records predating the filing date, is central to most nullity petitions.
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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