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.
By: LICKS Attorneys
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.