What an Industrial Design is
An industrial design is the ornamental plastic shape of an object or ornamental set of lines and colors which could be applied to a product, giving an original and new visual on its external configuration and therefore be adequate to industrial manufacture.
Aspect yet to come is the presentation of the word “ornamental” on legal text that address us to esthetical characteristic that we’ll find in any kind of design.
The plastic shape or set of lines and colors must be done to decorate and embellish such product and was applied to it, discriminating it from all akin.
The industrial design protection in Brazil is done from registration, made by the INPI, which gives a certificate conferring exclusive rights to use in 10 years, extensible to 15 years more.
The industrial design depends on absolute innovation to obtain its protection, and it and its patent can’t be put on technical condition if intended to be exclusive.
Time limit to request registration begins with creation and finishes in 180 days counting from time of divulgation, since such publicity has been given by its own inventor, by INPI, or by mediators based on information straight or deviously obtained from inventor, or actions experienced by him.
It still depends on originality, because it must be of a distinctive visual configuration, as compared to others already existent, even though to reaching the so called difference, he made utilization of already known elements.
