Updates on Industrial Design examination procedure: The BRPTO announces ex officio corrections

In July 2024, The Brazilian PTO announced that the provisions of Technical Note No. 01/2024 have been incorporated into the Guidelines on Industrial Design. The Technical Note addresses the ex officio correction of formal data during the substantive examination of industrial design registration applications, aiming to expedite the granting process.

During the substantive examination, the Examiner analyzes the following requirements: the merit of registration, the unity of the industrial design, and the presentation of the figures. The data related to the industrial design is also examined, specifically including: the indication of the product, the application field, the specification, the claim, the description of the product, and the numbering and legends of the figures.

Technical Note No. 01/2024 establishes that if any merely formal errors are identified during the substantive examination, such data may be corrected or excluded ex officio. This means that the Brazilian PTO will internally correct such information without issuing an Office Action requiring action from the applicant. The ex officio corrections will be based on the information provided in the application as filed. For example, the Examiner may include a supplementary classification to better categorize the application field, or may add information to indicate whether the product is a bidimensional or tridimensional object, as well as other data considered necessary for the understanding of the claimed industrial design.

In cases where it is not possible to unequivocally determine a merely formal error or to make the appropriate ex officio correction, an Office Action will be issued for clarifications and/or amendment of the data related to the industrial design.

The Simoes IP team possesses expert technical and legal knowledge of Brazilian industrial design, and we are prepared to assist our clients with their needs regarding industrial design registration applications. Should you have any doubts on this matter, please do not hesitate to contact us.

References:

https://www.gov.br/inpi/pt-br/servicos/desenhos-industriais/arquivos/legislacao-di/Nota_Tecnica_CPAPD_01_2024.pdf

https://manualdedi.inpi.gov.br/projects/manual-de-desenho-industrial/wiki/05_Exame_t%C3%A9cnico#53-Exame-substantivo

For more details on the topic, please get in touch with us via email: international@simoes-ip.com

Author: Georgia Chicoski