Public Consultation No. 02/2026 from Brazil's National Institute of Industrial Property (INPI) is open until October 23, 2026 to receive comments on a proposed priority processing framework for industrial design proceedings. Members of the public, academia, the productive sector and other interested parties may participate. Submissions must be sent exclusively through the dedicated form available on the Brasil Participativo platform.
Deadline and purpose of Public Consultation No. 02/2026
INPI published the consultation on September 8, 2026 in Brazil's Federal Official Gazette No. 169 and Industrial Property Journal No. 2905. The period announced by the Institute runs from September 8 to October 23, 2026, providing 45 days for comments and suggestions.
The central issue is the regulation of priority processing for industrial design proceedings at INPI. The consultation is not itself a request to accelerate a specific case. Its purpose is to allow interested parties to comment on draft texts that are intended to define how priority processing will be structured, which categories may be included in the pilot project, how Phase I quotas will work and which instructions will be incorporated into the Industrial Design Manual.
Who may contribute
The official page states that the consultation seeks contributions from society, academia, the productive sector and other interested parties. Participation is therefore not limited to industrial design applicants or intellectual property professionals. Companies, creators, researchers, specialized firms, associations and other interested parties may submit comments relevant to the draft texts.
On the Brasil Participativo platform, the form states that users must sign in to their account to respond. The page also provides a separate participation route for foreigners.
How to submit a comment
| Step | What to do |
|---|---|
| 1. Read the notice | Review Public Consultation No. 02/2026 to confirm its subject, deadline and participation rules. |
| 2. Open the draft texts | The Brasil Participativo documents area contains the draft general act, priority categories, quota system and Manual guidelines. |
| 3. Complete the form | Use only the official form. Each comment must be entered in the field corresponding to the article or item being discussed. |
| 4. Review before submitting | The form states that each interested party may submit only one form and that, after submission, the information cannot be edited, supplemented or replaced. |
It is not necessary to comment on every provision. INPI instructs participants to complete only the fields for the provisions on which they wish to comment. For strictly administrative items that do not directly concern priority processing, submissions should be limited to possible inconsistencies or textual inaccuracies.
Submissions sent after the deadline, through a different channel or contrary to these rules will not be considered for purposes of the public consultation.
What is being proposed
The notice divides the consultation into four related workstreams:
- General priority processing rule: a draft normative act that would establish priority processing for industrial design proceedings within INPI. In the form, this document appears as a proposed amendment to INPI/PR Ordinance No. 07/2022.
- Pilot project categories: a draft establishing the priority categories that may form part of the priority processing pilot project.
- Quota and intake system: a draft intended to establish the quota system and the criteria for receiving requests in Phase I of the pilot project.
- Industrial Design Manual: proposed guidelines to add instructions on examination order, priority processing, petitions and supporting documents related to priority treatment.
These texts are still under consultation. They should therefore be read as regulatory proposals, not as final rules that have already been consolidated. The notice itself states that, after the consultation period, INPI will respond to the submissions and publish the final texts of the normative acts and Manual guidelines.
Industrial design is not a patent
The consultation concerns priority processing for industrial designs. According to INPI, in Brazil this form of protection is granted through registration, not a patent. Industrial design registration protects a product's appearance, such as the ornamental plastic form of an object or an ornamental set of lines and colors applied to a product.
Patents serve a different purpose. They may protect technical solutions, including inventions or functional improvements that meet the applicable legal requirements. INPI explains that technical, functional or technological aspects are not protected by industrial design registration.
| Protection | Main focus | Example |
|---|---|---|
| Industrial design | Ornamental appearance and external configuration of a product | The visual shape of a chair, package, vehicle or pattern applied to a product. |
| Patent | Technical solution, invention or functional improvement, subject to the applicable requirements | A new mechanism, technical process or functional improvement to an object. |
This distinction matters because Public Consultation No. 02/2026 does not amend the priority processing rules for patents. It specifically addresses the proposed priority framework for industrial design proceedings.
Official links to participate and review the documents
- Official form for submitting comments
- Public Consultation No. 02/2026 notice
- Draft texts and consultation documents
- Consultation page on Brasil Participativo
- INPI industrial design public consultations page
What happens after October 23
After the submission period ends, INPI states that it will analyze the contributions received. It will then present responses to the submissions together with the final texts of the normative acts and the Industrial Design Manual guidelines.
Until that stage is completed, anyone following the issue should distinguish between rules already in force and proposals contained in the consultation drafts. Public Consultation No. 02/2026 is the participation stage that precedes final consolidation of those texts.
