On January 22, 2026, the Brazilian Patent and Trademark Office (BPTO) released an updated version of its Industrial Designs Manual, introducing important changes to the examination of priority claims in industrial design applications.
The key change allows the BPTO to declare a loss of priority without issuing a prior office action in certain situations, marking a shift from prior administrative practice.
Cases where priority may be lost without prior action
Under the updated guidelines, priority may be automatically lost when:
- the priority document contains a design unrelated to the Brazilian application, and the correct document is not submitted within 90 days;
- 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; or
- the figures in the Brazilian application do not fully correspond to those in the priority document.
Situations where an office action still applies
The BPTO will continue to issue office actions in cases such as:
- illegible or incomplete priority documents;
- discrepancies between the applicants or owners listed in the Brazilian filing and the priority document; or
- poor-quality figures that prevent proper comparison between the claimed design and the priority filing.
Legal basis and practical impact
The update aligns the Manual with the Brazilian Industrial Property Law (Law No. 9,279/1996), particularly Articles 16 and 99. It reflects the conclusions of Legal Opinion No. 00016/2023, which emphasizes strict compliance with administrative deadlines.
While the new approach is more stringent, applicants’ right to appeal remains fully preserved.
Overall, the changes aim to improve exam efficiency, eliminate procedural inconsistencies, and enhance legal certainty and predictability for industrial design applicants in Brazil.
