Is a Portuguese Utility Model Application Convertible?

Submitted by 页之码 on

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.

专利申请流程

PT Portugal

  • 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

  • Is a Portuguese Utility Model Application Convertible?

    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.

  • Whether a Portuguese industrial design application can apply for a combined appearance

    yes. A maximum of 100 designs may be included in one Portuguese design application, provided they belong to the same class in the International Design Classification.

  • How long does it take to grant a utility model application in Portugal?

    12-14 months

  • 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 industrial design applications in Portugal

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

  • 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 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

  • Instructions for Authorization of Designs in Portugal and Annual Fees

    • Licensing Fee: None.
    • Annuity: pay once every 5 years, and must be paid within 6 months before the due date of the application. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 50% penalty is required.

  • Characteristics of the Portuguese design patent application process

    INPI only conducts formality examination of design patent applications.