Features of the Portuguese utility model patent application process

Submitted by 页之码 on

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.

专利申请流程

PT Portugal

  • Characteristics of the Portuguese design patent application process

    INPI only conducts formality examination of design patent applications.

  • Instructions for Authorization and Annual Fee of Portuguese Invention Patent Application

    • 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.

  • 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

  • Can the priority right of a utility model application in Portugal be restored?

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

  • 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.

  • 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.

  • 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

  • What are the requirements for the utility model application documents in Portugal?

    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. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. 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. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

  • Whether the Portuguese invention patent application can be DAS

    no

  • Which is the competent authority for patent applications for inventions in Portugal?

    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)