Whether the Portuguese invention patent application can be type-converted

If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.

• 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.

• 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.

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)

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

• 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.

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)

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

yes. Before the applicant has received a final decision, an application to change the type of invention from a utility model to an invention may be proposed.