2nd edition of the Industrial Drawings Manual is now available

4 October 2023

Analysing the changes in relation to the filing of industrial designs in Brazil. Specifically, the Industrial Designs Manual.

4 October 2023

The BPTO informs that the 2nd edition of the Industrial Designs Manual was published on its portal, on September 12, 2023, which comes into force on October 2nd. The publication of INPI/PR Ordinance No. 36/2023, which establishes the 2nd edition of the manual, took place in the “Communications” section of RPI No. 2,749 and in section 1 of the Official Federal Gazette (DOU) No. 174, also on September 12, 2023.

Furthermore, the analysis of the contributions presented during the public consultation on the 2nd edition of the Industrial Designs Manual, held between 11/07 and 12/16/2022, was completed. The comments received were evaluated and responded to by the Permanent Committee for Improving Procedures and Guidelines for the Examination of Trademarks, Industrial Designs and Geographical Indications (CPAPD).

The keys to the second edition of the Brazilian Industrial Designs Manual

Among the most relevant topics that were impacted by the modernization of the industrial design examination guidelines in the 2nd edition of the Manual, the following stand out:

  • Possibility of protecting the industrial design of ornamental two-dimensional or three-dimensional configurations applied to electronic devices (e.g.: watertight or dynamic graphic interfaces, icons, typographic families, etc.);
  • Possibility of protecting the industrial design of three-dimensional configurations made up of parts with no mechanical connection between them (e.g.: sound equipment made up of a receiver and two speakers);
  • Possibility of protection of the industrial design that includes a trademark or protection of the industrial design of the logo;
  • Possibility of protecting industrial designs that include textual elements of any nature, in any language;
  • Expansion of possibilities for representing the object of registration, especially regarding the representation of unclaimed illustrative elements (namely: use of dashed lines to represent the renunciation of illustrative elements that are not part of the claim);
  • Publication of the conditions for maintaining priority based on the analysis of the correspondence between this claim and the claim in the registration application in Brazil;
  • Possibility of presenting and examining priority documentation through the WIPO-DAS electronic access service;
  • Publication of parameters for novelty and originality examinations (i.e., examination of the merits of industrial design registration); and
  • Incorporation of guidelines for processing designations arising from the Hague Agreement, as established by Ordinance INPI/PR nº 25/2023.

Furthermore, figures must be in JPEG format and their file size must not exceed 2 megabytes. It is recommended that the resolution of the figures comply with the standard resolution of 300 dpi. The system automatically analyzes data relating to the resolution of the figure. Sending figures outside the standard resolution does not necessarily give rise to technical office actions for adapting the quality of the figures. The analysis of the quality of the figures will be certified by the examiner through visual measurement.

5/5 - (1 vote)

Daniela Lin

Lawyer. Trademarks department. Brasil office Director.

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