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Registering an industrial design in Brazil protects the visual appearance of your product — its shape and ornamental configuration. Our team at Brealant manages the application from representations through to registration.
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Legal Definition of a Registered Design
A design registration under Law No. 9,279/1996 protects the ornamental plastic form of an object, or the ornamental arrangement of lines and colours applied to it, based on representations filed with the application.
Purpose and Function of Design Registration
Registration is generally granted after a formal examination, giving an initial 10-year term from filing, renewable for up to 4 further 5-year periods, for a maximum total term of 25 years.
Protecting Your Product's Appearance
A registered design gives you documented, dated proof of ownership over your product's appearance, distinct from trademark or copyright protection.
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Contact
Discuss your product and design features with Brealant.
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Search
We run a design search to confirm novelty and originality.
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Quote
Receive a service quote based on the number of designs and product complexity.
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Pay
Proceed with secure payment for the selected services.
File
We prepare compliant representations and lodge the application with INPI.
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Wait
INPI checks the application meets formal requirements.
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Response
You receive confirmation once the design registers, typically within a few months of filing.
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In Brazil, a registrable design must be new and original, protected through representations — drawings or photographs — filed with the application. Because registration generally follows a formal examination rather than full substantive review, getting the representations right the first time is the clearest way to a smooth registration.
A registered design gives you documented, dated proof of ownership over your product's appearance and the ability to stop competitors from copying it — protection that isn't reliably available through trademark or copyright alone. Brealant manages the application so this protection is secured correctly.
Certain elements cannot be protected through design registration, including
Function Alone
Features dictated solely by technical or functional necessity, rather than ornamental appearance, generally aren't protectable as a design.
Non-Novel Designs
Designs identical or substantially similar to something already publicly disclosed before filing.
Your Own Prior Disclosure
Designs you've already sold or shown publicly more than 180 days before filing, outside the limited grace period.
Methods or Ideas
Underlying methods, ideas, or concepts, as opposed to their specific visual expression.
Common or Necessary Forms
Shapes determined essentially by technical considerations, or common everyday shapes with no distinctive ornamental character.
INPI's formal examination focuses on the representations filed; genuine novelty and originality are only tested substantively if examination is requested or the design is later challenged.
A registered design in Brazil protects various visual elements of a product. The protection extends to
Shape
The three-dimensional ornamental form and configuration of the product.
Ornamental Arrangement
How decorative lines and colours are arranged on the surface of the product.
Surface Pattern
Distinctive surface patterns applied to the product's appearance.
Sets of Objects (Conjunto)
A coordinated set of objects with a common distinctive visual configuration, where filed as a single design.
By partnering with design experts in Brazil, you can ensure your product's appearance is properly documented and protected from copying.
The registration process typically involves
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Filing
The application, with representations, is lodged with INPI.
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Formal Examination
INPI checks the application meets formal requirements.
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Registration
The design registers, giving an initial 10-year term from the filing date.
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Substantive Examination (Optional)
On request, or if challenged, INPI examines the design's novelty and originality.
Because registration generally follows a formal check rather than full substantive examination upfront, it's typically completed within a few months of filing.
The cost of design registration depends on the number of designs filed
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INPI charges an official filing fee per design, with reduced rates available for individuals, micro and small businesses, and startups.
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Brealant's professional fee covers preparing representations and filing, quoted upfront based on the number of designs.
INPI's formal examination focuses on the representations filed; genuine novelty and originality are only tested substantively if examination is requested or the design is later challenged.
Once registered, a design can be renewed at each 5-year mark, up to the 25-year maximum, and actively monitored for copying. Brealant supports clients through each of these stages to maintain strong protection.
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An initial 10-year term from the filing date, renewable for up to 4 further 5-year periods, for a maximum total term of 25 years.
Registration generally follows a formal examination of the representations filed; full substantive review of novelty and originality typically only occurs if requested or if the design is later challenged.
Generally yes, within a 180-day grace period from the date of the designer's own first public disclosure — outside that window, prior disclosure can affect novelty.
The ornamental plastic form of an object, or the ornamental arrangement of lines and colours applied to a product's surface.
Typically a few months, since registration generally follows a formal examination rather than full substantive review upfront.
Costs include INPI's official filing fee, which can vary if multiple design variations are included, plus Brealant's professional fee, both quoted in advance.
Yes, Brazil allows a multiple application covering several variations of the same basic design concept in a single filing, which can reduce overall costs.
This depends on the employment relationship and any design assignment terms; Brazilian law has specific rules allocating rights for designs created in the course of employment, which we can assess for your case.
Yes, under the Paris Convention you can claim priority from a first design filing abroad if the Brazilian application is filed within 6 months.
They're usually filed separately, since Brazilian design applications generally protect either a product's three-dimensional form or its surface ornamentation — Brealant will advise on the most effective way to file if your design combines both.
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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