INPI only conducts formality examination of design patent applications.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.
Filing Language: Portuguese Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Licensing Fee: None.
- Annuity: From the 5th year onwards from the date of application, it will be paid year by year. The application fee includes annual fees for the first and second years. There is no annual fee for the third and fourth years, but the applicant needs to notify INPI for renewal in the third and fourth years. All subsequent annual fees must be paid within six months before the date corresponding to the year of application. Overdue annual fees can be paid within a 6-month grace period, and 50% of the annual fee of the current year is required to be paid as a penalty.
- Licensing Fee: None.
- Annuity: pay once every 5 years, and must be paid within 6 months before the due date of the application. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 50% penalty is required.
INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.
- Licensing Fee: None.
- Annuity: From the 5th year onwards from the date of application, it will be paid year by year. The application fee includes annual fees for the first and second years. There is no annual fee for the third and fourth years, but the applicant needs to notify INPI for renewal in the third and fourth years. All subsequent annual fees must be paid within six months before the date corresponding to the year of application. Overdue annual fees can be paid within a 6-month grace period, and 50% of the annual fee of the current year is required to be paid as a penalty.
The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
no
12-14 months
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- EU appearance route: 6 months from the earliest priority date.