If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.
INPI only conducts formality examination of utility model patent applications. Substantive examination may only be requested if the applicant deems it necessary. An invention protected by a patent can be protected simultaneously or successively with a utility model. To this end, applicants have a maximum of 1 year to make changes.
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)
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- 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.
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
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
The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.
If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.
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