Passing INAPI's Substantive Review

Yes — unlike some jurisdictions where examination must be separately requested, INAPI substantively examines every design application for novelty and original character as a standard part of the process.

The examiner searches the INAPI register and other publicly available design disclosures, comparing overall appearance against your application.

You'll have an opportunity to respond or amend within a set deadline before INAPI decides whether to proceed toward publication or refuse the application.

Not entirely — publication still opens a statutory window for third-party opposition, though a design that has cleared substantive examination is generally in a stronger position.

Substantive examination is typically the longest stage of the process, commonly taking several months, depending on INAPI's workload and whether observations are issued.

Yes, responses to INAPI's examination findings must be filed through an authorised local representative, which Brealant provides.

No separate INAPI fee applies to respond within the deadline — only Brealant's professional fee for preparing the arguments.

Yes, if you've disclosed a similar design of your own before the relevant date, the examiner can treat it as prior art, subject to limited grace-period exceptions.

Examiners search the INAPI register and reasonably accessible public disclosures worldwide, including foreign design registers, product catalogues, and online sources.

You can file arguments and, where appropriate, amended representations within the response deadline, and ultimately appeal an adverse decision to the Tribunal de Propiedad Industrial (TDPI).