In order to provide more guidance to users, the Brazilian Patent and Trademark Office (“BPTO”) issued the 2nd edition of the Industrial Designs Manual, which will enter into force as from October 2, 2023.
Among the most relevant topics, the following stand out:
- Possibility of protecting the industrial design of ornamental two-dimensional or three-dimensional configurations applied on electronic devices (e.g., watertight or dynamic graphic interfaces, icons, typographic families etc.):
- Possibility of protecting the industrial design of three-dimensional configurations made up of parts with no mechanical connection between them (e.g., sound equipment made up of a receiver and two speakers):
- Possibility of protection of the industrial design that includes a trademark or logo:
- Possibility of protecting industrial designs that include textual elements of any nature, in any language:
- Expansion of the possibilities for representing the object of the registration, especially regarding the representation of unclaimed illustrative elements (e.g., use of dashed lines to represent the renunciation of illustrative elements that are not part of the claim):
- Guidance on the request and examination of priority claims;
- Parameters for assessing novelty and originality (e.g., substantial examination of industrial designs); and
- Incorporation of guidelines for processing designations from the Hague Agreement.
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