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申请流程 Application Process Flow
发明专利申请流程 Invention
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 Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
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Attachments (if any)
| Attachments (if any)
|
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.
实用新型申请流程 Utility Model
Portuguese National Institute of Industrial Property
English: Portuguese Institute of Industrial Property, INPI
URL: https://inpi.justica.gov.pt/
Portuguese Utility Model Patent Search: Pesquisa Online - Patentes (justica.gov.pt)
Filing Language: Portuguese | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
On July 1, 2019, the new Portuguese patent law stipulates that utility models must also be conducted substantive examination, and Portuguese utility model applications that have not conducted substantive examination will be rejected.
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.
- Grant Fee: None.
- Annuity: Annuity should be paid 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.
12-14 months
Yes. Patent Office accepts "due care" requests for restoration of the right of priority.
Yes. Prior to receiving the final decision, the applicant may propose to convert the type of invention from Invention to Utility Model.
No
外观设计申请流程 Design
Portuguese National Institute of Industrial Property
English: Portuguese Institute of Industrial Property, INPI
URL: https://inpi.justica.gov.pt/
Portuguese Design Search: Pesquisa Online - Design (justica.gov.pt)
| Filing Language: Portuguese |
Necessary documents:
|
Attachments (if any):
|
25 years
- via Paris Convention : 6 months from earliest priority date.
- via Hague System: 6 months from earliest priority date.
- via EU Community Design: 6 months from the earliest priority date.
INPI only conducts formality examination for design applications.
If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.
- Grant Fee: None.
- Annuity: Annuity should be paid once every 5 years, and must be paid within 6 months before the due date. If the annuity is overdue, it can be paid within a grace period of 6 months, 50% of the annuity of the current year is required to be paid as a penalty.
3 months
No
Yes. A maximum of 100 designs may be included in one Portuguese design application, provided they belong to the same class in the International Design Classification.