Brazil: New Rule for Design Application

The Brazilian PTO (INPI) published new rules for filing and processing design applications including new provisions for electronic filing.

The Brazilian PTO (INPI) published on December 1st, 2015, Rule # 44 regulating the conditions for filing and processing design applications, and including new provisions for electronic filing. This Rule revokes Rule # 13/2013, but maintains most of the previously established conditions. The most important amendments are as follows:

•    The Rule establishes that specification and claims are merely optional, even in the case of variants;
•    The Rule establishes that the object of the design must be presented using regular and continuous lines. This means that ornamental pattern applied to a 3D object must only be presented in 2D, instead of presenting the ornamental pattern using continuous lines and the 3D object in which it is applied using dashed or dotted lines.
•    It is mandatory to fill in the “Application Field” in the application form. The “Application Field” should (preferably) be in accordance with the Locarno Classification.

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