Novelty grace period for utility model applications in Portugal

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

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.

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

• 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.

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