Introduction
When developing a new product, companies and designers focus not only on functionality but also on aesthetic appeal. The industrial design protects the visual and ornamental aspects of a product, ensuring that competitors cannot copy its shape, pattern, or surface decoration. In Brazil, INPI (National Institute of Industrial Property) is responsible for granting industrial design registrations. This article will explain what an industrial design is, why it is important, and how to register it.
1. What Is an Industrial Design?
An industrial design refers to the external appearance of an object, resulting from a combination of lines, shapes, colors, or textures. Unlike patents, which protect inventions and functionalities, industrial design registration protects the visual identity of a product.
Examples of Industrial Designs
✅ The shape of a perfume bottle
✅ A unique car design
✅ The pattern of a luxury handbag
✅ A new chair or furniture design
An industrial design must be new and original, meaning it cannot have been previously disclosed or marketed.
2. Differences Between Industrial Design, Trademark, and Patent
| Aspect | Industrial Design | Trademark | Patent |
|---|---|---|---|
| Protects | Visual appearance | Brand identity | Inventions and processes |
| Examples | Product shape, textures | Logos, brand names | Machines, formulas |
| Validity | 10 years (renewable up to 25) | 10 years (renewable indefinitely) | 20 years (not renewable) |
An industrial design does not protect functionalities, only aesthetic elements. If an invention has both a unique design and a new function, you may need to register both a patent and an industrial design.
3. How to Register an Industrial Design in Brazil
3.1. Check If Your Design Is Eligible
Before applying for registration, make sure your design meets INPI’s requirements:
🔹 It must be new (not previously disclosed).
🔹 It must be original (not a common shape).
🔹 It must be industrially applicable (capable of being reproduced).
3.2. Prepare the Necessary Documents
To submit an application to INPI, you need:
✅ A detailed visual representation of the design (illustrations or photos).
✅ A description explaining the characteristics of the design.
✅ The applicant’s identification (CPF/CNPJ and contact details).
✅ Proof of payment of INPI’s filing fee.
3.3. File the Application with INPI
The registration request must be submitted online via INPI’s e-INPI system. The official fee varies depending on the applicant’s category (individual, company, or small business).
3.4. Wait for Examination and Approval
Unlike patents, industrial design registrations are granted faster because they follow a simplified approval process (without a substantive examination). If there are no issues, INPI grants the registration within a few months.
3.5. Maintain and Renew Your Registration
An industrial design is valid for 10 years from the filing date and can be renewed for three additional five-year periods, reaching a maximum protection of 25 years.
4. What to Do If Someone Copies Your Industrial Design?
If another company copies or sells a product with your registered industrial design without permission, you can:
✅ Send a cease-and-desist letter requesting that they stop using it.
✅ File a lawsuit for design infringement.
✅ Seek compensation for damages caused by the unauthorized use.
INPI registration gives you exclusive rights over the design, allowing you to enforce legal actions against infringers.
Conclusion
Registering an industrial design is essential for businesses that rely on unique product aesthetics. By protecting the visual elements of a product, companies can strengthen their market identity, prevent counterfeiting, and gain a competitive advantage. If your business develops innovative designs, consider registering them with INPI to ensure legal protection and long-term exclusivity.
