The Brazilian Patent and Trademark Office (BPTO) has announced that, as of January 22, 2026, a new update to the Industrial Designs Manual will come into effect, introducing significant adjustments to the handling of priority claims in design registration applications.

The amendments modify the examination framework by allowing, in specific circumstances, the direct declaration of the loss of priority without the prior issuance of a formal office action to the applicant. This measure aims to enhance procedural efficiency and reduce rework throughout the technical examination process.

Among the situations that may now lead to the publication of the loss of priority are inconsistencies between the Brazilian application and the priority document, failure to submit essential documents within the statutory deadline, and discrepancies between the figures filed in Brazil and those contained in the foreign priority application.

According to the BPTO, the revision of the Manual is aligned with the objective of making the examination process faster, more objective, and less costly, thereby strengthening predictability for rights holders and professionals operating in the field of industrial property.

Full details of the amendments will be made available in the Industrial Designs Manual Updates section on the BPTO’s website as of the publication date.

 

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