The design, the plastic form or the disposition of lines and colors of an object, capable of industrial application and that has its own new ornamental characteristics and configuration, making this different from any other so as it strengthens the institutional or corporate image of the company.

Ornamental: It must have a different aesthetical content, caused by the composition of its lines and colors, in the balance of its elements.

Aesthetical content: Harmony, symmetry, balance and concordance of the lines of the object.

New and original: A new form that was never seen before and is original as it has its own characteristics.

In the next lines it will be described, the administrative procedure of a request of privilege together with the NIIP.

The administrative functioning of a request of privilege (or patent) in the form of the bill nº 9.279/96, the Law of Industrial Property. This descripcion is valid for the Invención and for the Model of Utility:

It is important to remember that any exposition or advertising of a new object to the public, except in the hipothesis of the article 12 o the LIP (made public before the period of publication) removes the character of absolute novelty, and therefore, if the deposit for the request of privilege is made, this new product will be widely known, that is to say, it will be widely used, inappropriate for anyone, even its own inventor.

In this case, it is convenient to ask for the requests of privilege of all the new things before they are sold in the market or promoted in the media.

DEPOSIT: It is the delivery of the request of privilege in the NIIP, with the descriptive inform of the patented object, claims, summary and drawings and which is used to start the administrative procedure, with a mechanical numeration given by the NIIP after the preliminar exam of the legal formalities. Once the deposit is accepted by the NIIP, the request of the patent is kept with secrecy for a time period of 18 (eighteen) months. During this time the process does not have any current procedures.

PUBLICATION IN ADVANCE: In the case the autor does not want its request to go through the period of secrecy, he can ask for the anticipation of the publication, immediately after the deposit, in order to make faster the exam of the request.

PUBLICATION OF THE REQUEST: After the secrecy period, or when the advanced publication is asked, the request of privilege is published in summary in the Trademark Official Gazzette of the Industrial Property (IPG) to make it public and to let individuals present oppositions against the same one, having a time period of 60 days ater the publication.

REQUIREMENTS OF THE TECHNICAL EXAM: Within the 36 (thirty-six) months of the deposit, the autor must ask the NIIP to make the technical exam of the privilege, on pain of filing the request.

TECHNICAL EXAM: The NIIP examiners will analize the purpose of the request of privilege taking into consideration the inform, claims, and drawings presented and any opposition made, and a search of previous ones made by the examiners themselves in the files of the NIIP, so as to determine the Status of the Technique of the Purpose of the request of privilege, giving a technical opinion that will accept the liability of the request (acceptance) or will adopt any other providence.

TECHNICAL DEMANDS: (Art. 34 y 35) could be made in this exam to make clear, complete or modify the documents presented because of the deposit and that must be accomplished within the time period of 60 (sixty) days, on pain ofan appealing file of the request. In the exam, the experts of the NIIP can understand that the object is not a privilege because it is against the dispositions of the LIP, according to this negative opinion the author can show his point of view within a 60-day time period, giving reasons for another exam on the matter. In that way, after this procedure the exam will be finished, ACCEPTING or REJECTING the request. In the case the privilege is rejected, there is a possibility of a resource.

ACCEPTANCE: Acceptance of the request by the NIIP that determined the liability of the purpose of the request of privilege. The time period of 60 (sixty) days starts with the publication of the acceptance, to make the one who does the deposit, verify or prove the payment of the returning of the patent letter, together with the NIIP, on pain of filing.

Once the rates are paid, THE PRIVILEGE IS GIVEN, with the following preparation and delivery of the PATENT LETTER to the owner, that ensures him the right of property and exclusive use of the purpose of the patent, in the conditions of the Industrial Property Code. Once the privilege is given, a time period of 6 (six) months starts to begin the ADMINISTRATIVE PROCESS OF INCOMPETENCE, to be eventually presented by any other individual or by the NIIP itself by oficial letter, in case the privilege does not match with the legal dispositions, making the owner defend himself.

THE LENGTH OF THE PRIVILEGES depends on their nature (retro qualification), making the privilege of invention last for 20 (twenty) years and the utility model last for 15 (fifteen) years period, all of the counted from the date of the deposit. It is important to mention that from the third year of the deposit to the very end of its validity, ANUAL RATES will have to be paid and verified their payments with the NIIP, on pain of filing of the request of privilege or of the date of the patent letter.

INDUSTRIAL DRAWING

DEPOSIT: It is the delivery of the registration request of the ID in the NIIP, andit includes the descriptive inform, claims and the drawings or pictures of the object to start the administrative procedure, with a mechanical numeration given by the NIIP after the preliminar exam of the legal formalities.

TECHNICAL EXAM: Once the deposit is made, and when the object is not part of the prohibitions of the articles 100, 101 y 104 of the LIP, the technical exam will be automatically given.

DEMANDS: The NIIP could interrupt the procedures of the registration request, for its instruction, before the presentation of the necessary demands to give the registration. These demands should be accomplished within the 60 (sixty) days after the publication in the IPM.

REJECTION: The request could be indefinite, otherwise the dispositions of the article 100 of the LIP. On this hipothesis, there is a resource against the rejection within 60 days.

GIVEN REGISTRATION: For this publication, the certificate of the Industrial Drawing will be given. The registration will last 10 (ten) years, from the date of the deposit.

EXTENSION: The registration of the Industrial Drawing will last a time period of 10 (ten) yearsand will accpet 3 (three) extensions for successive periods of 5 (five) years each. The request for an extension must be made the last year of the validity of the registration.

ADMINISTRATIVE INCOMPETENCE: Any person involved, or the NIIP itself (by oficial letter) could start a procedure for administrative incompetence, trying to leave without effect the giving registration, according to the infringement of the articles 94 to 98 of the LIP. (Law of Industrial Property). This procedure of ADMINISTRATIVE INCOMPETENCE could be started within 5 (five) years from the moment the registration was given, however, if this is started within the 60 (sixty) days of the delivery, this process will interrupt the effects of the registration, until the final decisión.

There will be a possibility to answer to the request of the administrative incompetence,by the owner, within the 60 (sixty) days from the date of the beginning of the procedure. Once the procedure starts, the NIIP will give its opinion, giving the chance to the people invoved in it to give the possibilty to express their position about it within a time period of 60 (sixty) days, when the President of the NIIP, decides about the process definitely, closing this way, the administrtive procedure. The owner of the Registration must make a FIVE-YEAR PAYMENT .

Our company is capable of giving all the necessary advices when the adinistrtive procedure is taking place, from the elaboration of the descriptive informs, summaries, claims and drawings, to the delivery of the patent letter and the accompaniment during all the validity of it.