The Brazilian Patent and Trademark Office (BPTO) published today, May 19, 2026, in Official Gazette No. 2889, Ordinance #69/2026. This ordinance establishes a transitional rule applicable to the examination of industrial design applications, mitigating potential conflicts arising from the implementation of the second edition of the Industrial Design Manual.

Protection of rights: Pending applications filed up to December 1, 2023 (60 days after the entry into force of the second edition of the Manual) will be assessed under the guidelines of the first edition, provided that the application of current rules could result in prejudice to the claimed protection.

Ongoing petitions: This transitional regime also applies to responses to office actions that are pending BPTO’s analysis, provided that the underlying technical OA was issued during the term of the first edition of the Manual.

This measure ensures enhanced legal certainty and predictability for both domestic and international applicants managing active portfolios in Brazil. Our technical team is available to evaluate the specific impacts of this ordinance on our clients’ assets.

For further information, please contact patents@tavaresoffice.com.br.