Significant developments for design protection in Brazil (and more to come)

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Significant developments for design protection in Brazil (and more to come)

Sponsored by

daniel-400px.png
designer choosing flooring and furniture materials from samples for home interior design project

It is not uncommon to hear that design protection is often underestimated or even forgotten compared to other forms of IP, like trademarks, patents, and copyright. In Brazil, that seems to be the case when you compare the average of 6,000+ design applications filed annually, with the 245,000+ trademarks and 28,000+ patents filings.

However, recent changes and improvements to the examination standards related to design applications in Brazil may attract more attention to this type of protection.

Indeed, the Brazilian PTO, in March 2019, published much-needed and long-awaited guidelines related to the examination of designs. Simpler – but useful – changes include the acceptance of auxiliary figures, including amplified ("zoomed-in") views to facilitate the examiner's understanding of the object-subject of protection. More substantial modifications include changes to how priority requests are analysed – any additional embodiment in the Brazilian application will receive an office action, allowing the applicant to move it to a divisional application without claiming priority.

The Brazilian IP Law only allowed the protection of objects as a whole, with not much leeway to protect parts (partial design) of objects. This frequently led to office actions to amend the drawings. Now it is clear that the Brazilian Patent and Trademark Office (BPTO) accepts designs covering parts of objects, as long as the claimed part represents an object as a whole.

While these have been significant improvements, the BPTO is not yet satisfied.

The examination timeline of design applications has been brought down to two months from filing when no office actions are issued, and there have been talks since February of further improvements to examination guidelines by the end of the year. In particular, more precise guidelines for design applications that include a trademark within the object and offering some flexibility when a trademark is necessary to present the aesthetic form of the object, are expected.

Keep the improvements coming!

more from across site and SHARED ros bottom lb

More from across our site

A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
Gift this article