Novelty grace period for utility model applications in Portugal

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.

no

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

• 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.

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

20 years

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)

• 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.

no

The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.