The BRPTO released an update to its Industrial Design Examining Guidelines this Thursday, January 22, 2026.

Effective immediately, the BRPTO will declare a loss of priority rights for industrial design applications, without issuing a prior office action, if a valid priority document is not submitted within 90 days of filing. The valid priority document must include drawings, filing number, and filing date in the country of origin.

Furthermore, the BRPTO will not issue office actions and will instead directly declare the loss of priority rights in cases where:

• the subject matter claimed in the national application is unrelated to the submitted priority document and the applicant does not provide the correct document within 90 days;
• the drawings of the industrial design filed in Brazil do not fully correspond to those of the priority document, where differences in color representation, color combination, or hatching imply a difference in the claims.

The updated Industrial Design Examining Guidelines is available here.

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