The Brazilian Patent and Trademark Office (BPTO) released an updated version of the Industrial Design Manual on January 22, 2026, introducing important changes to the examination of claimed priority in industrial design applications.
One of the key updates is the introduction of new situations in which priority may be lost without the issuance of a prior office action, representing a significant shift in examination practice.
Under the updated Manual, the loss of priority may be published directly in the following circumstances:
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when the priority document contains an industrial design unrelated to the subject matter claimed in the Brazilian application, and the correct document is not submitted within the statutory 90-day period from the filing date;
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when a valid priority document, including figures, application number, and filing date in the country of origin, is not submitted within the 90-day statutory deadline after filing in Brazil, and
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when the figural claims of the industrial design filed in Brazil do not fully correspond to the figural claims contained in the priority document.
According to BPTO, the revised procedure aims to streamline the examination of industrial design applications, making the process faster, more efficient, and less costly for applicants.
The full list of amendments can be accessed in the “Updates” section of the Industrial Design Manual on BPTO’s website as of January 22, 2026.
For rights holders and applicants, the update highlights the importance of accurate and consistent priority documentation, particularly in international filing strategies involving Brazil.
