Guide for Portuguese Patent Aplication Process

Patent Trademark

Portugal Profile

Portugal, officially known as the Portuguese Republic, is a unitary, semi-presidential republic. It is located on the Iberian Peninsula in southwestern Europe and is the westernmost country in continental Europe. The country is bordered by the Atlantic Ocean to the west and south, and Spain to the east and north. PoRead more

Portugal Profile

Portugal, officially known as the Portuguese Republic, is a unitary, semi-presidential republic. It is located on the Iberian Peninsula in southwestern Europe and is the westernmost country in continental Europe. The country is bordered by the Atlantic Ocean to the west and south, and Spain to the east and north. Portugal is a developed country with a developed economy and high living standards.

Portuguese Intellectual Property Legal System

  • Constitution of the Portuguese Republic

International Organization/Agreement

  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Patent Law Treaty
  • Singapore Trademark Law Treaty
  • Trademark Law Treaty
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • Patent Cooperation Treaty (PCT)
  • The Strasbourg Agreement on the International Patent Classification
  • "Convention Establishing the World Intellectual Property Organization"
  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Berne Convention for the Protection of Literary and Artistic Works
  • Madrid Agreement on the International Registration of Marks
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Paris Convention for the Protection of Industrial Property
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Filing Language
Portuguese

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Portuguese National Institute of Industrial Property

English: Portuguese Institute of Industrial Property, abbreviation: INPI

URL: https://inpi.justica.gov.pt/

Portuguese invention patent search: Pesquisa Online - Patentes (justica.gov.pt)

Filing Language: Portuguese

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Portuguese Translation
  3. Viability Statement of Microorganism and Portuguese Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Portuguese Translation
  6. Viability Statement of Microorganism and Portuguese Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of priority.
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • via Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.

INPI conducts formality examination and substantive examination for invention patent applications. Substantive examination begins automatically, without the need to file a separate request.

A novelty grace period of 6 months is available if:

  • Disclosures caused at officially organized or officially sanctioned international exhibitions.
  • Disclosure resulting from being made public for reasons related to the misuse of the inventor or its predecessor owner.

2-3 years

  • Grant Fee: None.
  • Annuity: Annuity should be paied year by year starting from the 5th year from the filing date. The filing fee includes annuity for the 1-2 years. There is no annuity for the 3-4 years, but the applicant needs to notify INPI for renewal in the 3-4 years. All subsequent annuity must be paid within 6 months before the date corresponding to the year of application. Overdue annuity can be paid within a 6-month grace period, and 50% of the annuity of the current year is required to be paid as a penalty.

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

No

Yes. Before the applicant receives the final decision, it may be proposed to change the type of Invention from invention to Utility Model.

发明专利、实用新型及外观设计进入国家申请流程