Can the priority right of Portuguese invention patent application be restored?

Submitted by 页之码 on

Reinstatement of priority is accepted on grounds of "due care."

专利申请流程

PT Portugal

  • How long is the period for filing an industrial design application in Portugal?

    • 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.

  • Features of the Portuguese utility model patent application process

    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.

  • Is a Portuguese industrial design application eligible for DAS?

    no

  • Characteristics of the Portuguese invention patent application process

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

  • Novelty grace period for utility model applications in Portugal

    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

  • Characteristics of the Portuguese design patent application process

    INPI only conducts formality examination of design patent applications.

  • Whether the Portuguese invention patent application can be type-converted

    yes. Before the applicant receives the final decision, it may be proposed to change the type of invention from invention to utility model.

  • How long is the PCT period for Portuguese invention patent application

    • 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.

  • What are the requirements for the Portuguese invention patent application documents

    Filing Language: Portuguese

    via Paris Convention via 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. Certificate of Deposit of Microorganisms and its Portuguese translation
    3. Certificate of Microbiological Survival and its 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. Enter the Portuguese national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Portuguese translation
    6. Certificate of Microbiological Survival and its Portuguese translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer

  • Novelty Grace Period for Portuguese Invention Patent Application

    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